Fontana City Council
September 10, 2024

Tuesday, September 10, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No.1958 Reso. No. 2024-102
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda September 10, 2024 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Council Chambers is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires accommodation to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office.

Para traducción en Español, comuniquese con la oficina,“City Clerk” al (909) 350-7602.

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.

PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LABOR NEGOTIATORS - ALL

BARGAINING UNITS EXCEPT POLICE OFFICER'S

ASSOCIATION
(Gov. Code Section 54957.6)

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood/Orange and San
21-3255

2 City Council Meeting Regular Agenda September 10, 2024 Bernardino Counties, Inc. vs. City of Fontana

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Jessica Perez vs. City of Fontana Case No. 5:24-CV-00239-JGB-SHK

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: 16736 Arrow Boulevard, APN #'s 0191-162-13 and 0191-162-40
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Kim Family Trust (12-3-2004), Chung H Kim
Under Negotiating: Price and Terms of payment

6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov. Code Section 54957)
Title: City Manager

7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov. Code Section 54957)
Title: City Attorney
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

PROCLAMATION:

A. Proclamation
A. Mayor Warren and City Council to proclaim September as Human Resources Month (Director of Human Resources
and Risk Management Rakesha Voss to present).
21-3257
SPECIAL PRESENTATIONS:

3 City Council Meeting Regular Agenda September 10, 2024 A. Special Presentations
A. 1. Mayor Warren and City Council to recognize Corporal Buddy Porch and Garrett Gooselaw, as June 2024
Employees of the Month (Captain Burton to present).

2. Mayor Warren and City Council to recognize Human
Resources and Risk Management Department Employee of
the Year (Human Resources and Risk Management Director
Rakesha Voss to present).

3. Mayor Warren and City Council to recognize Innovation & Technology Department Employee of the Year
(Innovation & Technology Director, Jennifer Barcenas to present).
21-3258
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-3209
Approve the minutes of the July 23, 2024, Regular City Council Meeting and the July 25, 2024, Special City Council Meeting.

City Council Meeting Minutes 07-23-2024.pdf
Special City Council Meeting Minutes 07-25-2024.pdf
Attachments:

B. Adoption of Ordinance No. 1955 (Second Reading),
Approving, pursuant to the certified Final Program
Environmental Impact Report Program (SCH No.
2023050271) and approved Mitigation Monitoring and
21-3206

4 City Council Meeting Regular Agenda September 10, 2024 Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the
Auto Center Overlay from approximately 8.5 acres (APNs:
0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue
Second Reading/Adopt Ordinance No. 1955 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue.

Attachments: Ordinance 1955 - July 23 2024.docx
C. Adoption of Ordinance No. 1956 (Second Reading),
Approving, pursuant to the certified Final Program
Environmental Impact Report Program (SCH No.
2023050271) and approved Mitigation Monitoring and
Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the
existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut
Village Specific Plan,.
21-3207
Second Reading/Adopt Ordinance No. 1956 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan.

Ordinance 1956 - July 23 2024.docx
Exhibit A to Ordinance 1956.pdf
Attachments:

D. Donation of Surplus Vehicles to Rotary Club of Fontana 21-3238 Approve the donation of two City of Fontana Police vehicles to Rotary Club of Fontana.

Attachments: Rotary Letterhead - San Felipe.pdf
E. Authorize the Purchasing Office to Piggy-back Using
County of Los Angeles Maintenance Contract for Central
Mix Rubberized Emulsion Aggregate Slurry (REAS)
21-3143

1. Authorize the Purchasing Office to piggy-back using the County of Los Angeles Contract No. MA-IS-2440097-1 with Petrochem Materials

5 City Council Meeting Regular Agenda September 10, 2024 Innovation, LLC to include Central Mix Rubberized Emulsion Aggregate Slurry as a treatment option for the City per Fontana City Code 10-152.

2. Authorize the City Manager to execute an On-Call Maintenance Contract with Petrochem Materials Innovation, LLC and any future amendments.

L A County.pdf
RFB-IS-24200342-1.pdf
DRAFT - Petrochem Materials DE-25-78-MS.pdf
Attachments:

F. Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
21-3204

1. Approve a contract in the amount of $517,000 with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s five (5) Middle School sites.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

TA Mentoring Services.pdf
TA Mentoring Services Justification Form.pdf
Attachments:

G. Approve a Contract with EBK & Company LLC to provide and deliver the US Engineering League for the Fontana
Expanded Learning Program
21-3205

1. Approve a contract in the amount of $300,000 with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club for the Fontana Expanded Learning Program at ten (10) Elementary School sites and the five (5) Middle School sites.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

EBK.pdf
EBK Selection Justification Form.pdf
Attachments:

H. Authorize the purchase of two (2) 150kVA portable
generators
21-3215

6 City Council Meeting Regular Agenda September 10, 2024 Authorize the Public Works to use the Sourcewell Contract Agreement (#020923-MTQ) for the purchase of two (2) Multiquip 15kVA portable generators DCA150SSJU4F3 for $110,707.50 each including Taxes and any additional Delivery fees.

Multiquip Contract 020923.pdf
Unit 16587 Quote.pdf
Unit 16585 Quote.pdf
Attachments:

I. Acceptance of 2025 ABC Grant 21-3217

1. Approve an ABC Grant in the amount of $23,601.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary, operation, and equipment.

2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,601.00.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.

4. Approve an increase to revenues and appropriations in the amount of $23,601.00 to fund #40100004-301-A
24-APP13 Exhibits.pdf
24-APP13 std213.pdf
Attachments:

J. Authorization to Apply for 2024 Healthy Homes Production Grant Program
21-3223

1. Authorize the Fontana Housing Department to apply for the 2024 U.S.

Department of Housing and Urban Development Healthy Homes Production Grant Program (HHP).

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely submittal and execution of the Healthy Homes Production Grant Program (HHP).

K. Authorize examination of sales and use tax records 21-3227 Adopt Resolution No. 2024-102, authorizing access to sales and use tax records.

Attachments: Sales & Use Tax Access Resolution
L. Approve Security Substitution for Tract No. 16897, located south of Miller Avenue and west of Lime Avenue, for 5A
21-3229

7 City Council Meeting Regular Agenda September 10, 2024 Holdings, LLC.

Approve security substitution for infrastructure improvements of Tract No. 16897 and authorize the City Manager to enter into a Subdivision Improvement Agreement with 5A Holdings, LLC for construction of infrastructure improvements.

Attachments: Tract 16897 - Subdivision Improvement Agreement.pdf M. Approve Security Substitution for Tract No. 20382, located south of Foothill Boulevard and west of Banana Avenue,
for Serena Village 206 Owner, LLC.
21-3230
Approve security substitution for infrastructure improvements of Tract No. 20382 and authorize the City Manager to enter into a Subdivision Improvement Agreement with Serena Village 206 Owner, LLC for construction of infrastructure improvements.

Subdivision_Improvement_Agreement_&_Security_substituti on_TR_20382.pdf
Attachments:

N. Approve Amendment No. 1 to Task Order No. 1
(DE-24-195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
21-3232

1. Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 1 (DE-24-195-SQ) with NV5, Inc. in the amount of $90,000 and an amended Task Order total of $180,000 for additional plan check, map check, and WQMP review services.

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 1 with NV5, Inc.

Attachments: NV5 Task Order No. 1 DE-24-195-SQ.pdf
O. Approve Amendment No. 1 to the Professional Services Agreement for Architectural Design Services of the City Hall Renovation Project - Phase II (City Hall; DE-24-147-SP) 21-3237

1. Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Sillman Wright Architects for Architectural Design Services for the City Hall Renovation Project - Phase II (DE-24-147-SP) in the amount of $1,090,490.00 for a total contract amount of $1,189,490.00.

2. Approve and authorize the City Manager to execute future individual Professional Services Agreement Amendments not exceeding $100,000.00.

3. Authorize the City Manager to execute any and all utility agreements,

8 City Council Meeting Regular Agenda September 10, 2024 utility easements, and any related items on behalf of the City of Fontana for the City Hall Renovation Project - Phase II (City Hall).

Vicinity Map.pdf
[DRAFT] PSA Amendment No. 1 (DE-24-147-SP;
2024-8-22).pdf
Attachments:

P. Adoption of Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.
21-3240
Adopt Resolution No. 2024-103 of the City Council of the City of Fontana amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes to include Miller Amphitheater.

Attachments: Reso 2024-103.docx
Q. Approve the Designated Subrecipient Agreement with
Caltrans for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Agreement for the Building a Better Connected Inland Empire Project at
Cherry Avenue and Victoria Avenue within the Westgate
Specific Plan Area.
21-3241
Approve and authorize the City Manager to execute the Designated Subrecipient Agreement and future amendments with Caltrans for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant agreement for the Building a Better Connected Inland Empire project at Cherry Avenue and Victoria Avenue within the Westgate Specific Plan area.

RAISE(22) DSA - Template - Building a Better Connected
Inland Empire Project.docx
Attachments:

R. Approve an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee by the City of Fontana.
21-3243
Authorize the City Manager to enter into an Agreement for the Collection of the Inland Empire Utilities Agency Water Connection Fee.

Fontana_ DRAFT Fontana Collection of IEUA WCF 2024
(07.24.24)-c1.docx
Attachments:

S. Final Acceptance of the North Heritage Phase 1 Fiber Optic Project
21-3245
Accept as complete the work performed by GA Technical Services, Inc. for the construction of the North Heritage Phase 1 Fiber Optic Project (#37600023).

9 City Council Meeting Regular Agenda September 10, 2024 Attachments: Vicinity Map
T. Approve an Increase in City-Owned Contingency for the Design-Build Contract for the Downtown Parking Structure Project (SQ-24-DE-23-01)
21-3249
Approve and authorize the City Manager to increase the city-owned contingency in the amount of $800,000.00 for a total city-owned contingency amount of $1,700,000.00.

Attachments: Vicinity Map (DTPS).pdf
U. Accept Contribution from San Bernardino County for
Homeless Operating and Case Management Services
21-3251
Authorize the City Manager or his designee to enter into a contract with the County of San Bernardino Board of Supervisors to accept a contribution in the amount of $600,000 to provide ongoing services, including operational management of homeless services and professional case management services at The Path, formerly known as the Homelessness Prevention Resources and Care Center (HPRCC), located at 17133 Valley Boulevard, Fontana, Ca 92335.

Attachments: CON-BOS-09-24-24-City of Fontana.pdf
V. Approve Measure I Five-Year Capital Project Needs
Analysis for Fiscal Years 2025/2026 - 2029/2030
21-3254
Adopt Resolution No. 2024-104, adopting the Fiscal Years 2025/2026 - 2029/2030 Measure I Five-Year Capital Project Needs Analysis (CPNA). 2024.09.10 File 21-3254 Approve Measure I Five-Year
Capital Project Needs Analysis for Fiscal Years 2025_2026 - 2029_2030.docx
2026-2030 CPNA - FY2024 Submittal
Attachments:

W. Approve Main Extension Contract with the San Gabriel Valley Water Company
21-3256
Approve and authorize the City Manager to execute a Main Extension Contract with the San Gabriel Valley Water Company.

Attachments: SGVWC Service Agreement
X. Approve an Easement with Southern California Edison
(SCE) Company at Sierra Avenue & Coyote Canyon Road
(formerly Lytle Creek Road), for I-15 Logistics (Caprock) 21-3259
Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.

10 City Council Meeting Regular Agenda September 10, 2024 Attachments: SCE_Easement_Final_I-15-Logistics_Caprock.pdf Y. Police Department Monthly Information Update 21-3264 Accept the Police Department monthly information update for June 2024.

Attachments: June 2024 Report for City Council Rev.pptx Z. Fontana Lewis Library & Technology Center Entry Precast Stair Replacement
21-3250
Award Bid and Authorize the City Manager to execute a contract with Ace Capital Engineering of Lake Forest, CA in the amount of $123,158.20 to Replace Precast Stairs of Lewis Library Entry and authorize a 10% contingency in the amount of $12,315.82
BidResultList -PW-24-227-SB.xlsx
Project Report - PW-24-227-SB.pdf
Attachments:

AA. Reimbursement Agreement Between the City of Fontana and IE Centerfield, LLC (IE) for the Sierra Avenue Basin Storm Drain Improvement Plans
21-3269
Approve Reimbursement Agreement between the City and IE Centerfield, LLC for the Sierra Avenue Basin Storm Drain Improvement Plans for the City to utilize in the installation of a Basin Storm Drain on Sierra Avenue, Juniper Avenue, and Jurupa Avenue.
2024.09.10 File 21-3269 Reimbursement agreement
between the City of Fontana and IE Center Field LLC
(Fontana Courtplace)-c1.docx
Attachments:

AB. Resolution in Support of Proposition 36: The
Homelessness, Drug Addiction, and Theft Reduction Act
21-3273
Adopt Resolution No. 2024-105 of the City Council of the City of Fontana, California, supporting Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act
Attachments: Resolution 2024.docx Prop 36 support.docx
AC. Resolution of Intention to Form Community Facilities District No. 115M (TM 19156)
21-3278
Adopt Resolution No. 2024-106, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 115M.

11 City Council Meeting Regular Agenda September 10, 2024 Resolution
Proposed Calendar of Events
Boundary Map
Attachments:

AD. Resolution of Intention to Form Community Facilities District No. 116M (TM 20511)
21-3280
Adopt Resolution No. 2024-107, declaring the intention of the City Council of the City of Fontana to form the City of Fontana Community Facilities District No. 116M.

Resolution
Proposed Calendar of Events
Boundary Map
Attachments:

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 12:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Master Case No. (MCN) 20-027R1: Appeal (APL) No. 24-008, a request to discuss whether the Planning Commission’s
findings for and approval of Conditional Use Permit (CUP) No. 95-019R4 to allow the sale of single distilled spirits and wine smaller than 375 ml and the sale of beer/malt
beverages in single size containers of 40 oz. for an existing convenience store have been in accordance with the City of Fontana’s Zoning and Development Code and to discuss whether the approval of same is consistent with past and present City policy.
21-3213

1. Uphold the staff recommendation and deny the requested modification for CUP95-019R4, thus denying the request to allow the sale of single

12 City Council Meeting Regular Agenda September 10, 2024 distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz;

2. Direct staff to prepare an amendment to the City’s Zoning and Development Code to codify the prohibition of distilled spirits and wine smaller than 375 ml and the sale of beer/malt beverages in single size containers of 40 oz for off-sale ABC licenses.

Attachment No. 1 - Appellant letter
Attachment No. 2 - Vicinity Map
Attachment No. 3 - Map of off-sale licenses within the
city.pdf
Attachment No. 4 - Planning Commission Staff Report
Attachment No. 5 - Revised Resolution and Findings
Attachment No. 6 - Planning Commission Minutes
Attachment No. 7 - Police Department Memo
Attachment No. 8 - Public Hearing Notice
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on September 24, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3255 Agenda Date: 9/10/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, September 10, 2024
1:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 9/4/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3257 Agenda Date: 9/10/2024
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, September 10, 2024
7:00 P.M.

Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 9/4/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3258 Agenda Date: 9/10/2024
Agenda #: A. Category: Special Presentation
Special Presentation
Tuesday, September 10, 2024
2:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 9/4/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3209 Agenda Date: 9/10/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the July 23, 2024, Regular City Council Meeting and the July 25, 2024, Special City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the July 23, 2024, Regular City Council Meeting and the July 25, 2024, Special City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, July 23, 2024
2:00 PM
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
18

CLOSED SESSION:

A. 12:30 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 23, 2024.

Mayor Warren called the meeting to order at 12:35 p.m., with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(Gov. Code Section 54957)

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood/Orange and San Bernardino Counties, Inc. vs. City of Fontana

4. INITIATION OF LITIGATION-
(Gov. Code Section 54956.9(d)(1))
Name of Case: One Potential Case
CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, July 23, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:09 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.

City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key were also present. 19

ABSENT: None
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.

PROCLAMATIONS:

A. Proclamations

1. Mayor Warren and the City Council proclaimed August as Sickle Cell Trait Prevention Month, presenting a proclamation to Sickle Cell Trait Prevention Founder and Executive Director, Farron Dozier.

2. Mayor Warren and the City Council proclaimed August 6, 2024, as National Night Out, presenting a proclamation to Police Chief Michael Dorsey.

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and the City Council swore in new Fontana Police Officers, Israel Govea, Richard Jackson, Londyn Lau, Israel Matos, and Aaron Vasquez.

2. Mayor Warren and the City Council recognized Administrative Analyst I Justice Montgomery, Administrative Technician’s Cassandra Pimentel and Taryn Sandford, and Corporal’s Tyler Pope and Bradley Ubovich, and Officer Kyle Restemayer as May 2024 Employees of the Month.

3. Mayor Warren and the City Council recognized Upland Fire Battalion Chief, Tony Siciliano for his efforts with battling the Sierra Fire.

4. Mayor Warren and City Council recognized GIS Administrator Joe Field on his retirement.
20

PUBLIC COMMUNICATIONS:

A. Public Communications
Edgar spoke in opposition of Planned Parenthood.

Pastor Liz spoke in opposition of Planned Parenthood.

Nayeli Salgado spoke in opposition of Planned Parenthood.

Deborah Hall Lindsey invited the Council and community to attend the 1st Annual Jazz and Gospel Festival on August 10th and the Chill and Grill BBQ Competition on September 14th.

Timothy Johnson spoke in opposition of Planned Parenthood.

Greg Abdouch spoke in support of Planned Parenthood.

Maria P. spoke in opposition of Planned Parenthood.

Liz Paredes spoke in opposition of Planned Parenthood.

Harry Sawyer discussed concerns with warehouse construction throughout the city.

Cecelia spoke in opposition of Planned Parenthood.

CONSENT CALENDAR:

Council Member Cothran abstained on Item “O” since he owns property within the project area.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 5-0 to approve Consent Calendar Items “A-AV” with Council Member Cothran abstaining on Item “O.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN:

None; ABSENT: None
A. Approval of Minutes 21-3185
Approve the minutes of the July 9, 2024, Regular City Council Meeting.

B. Adoption of Ordinance No. 1954 (Second Reading), approving 21-3184 Master Case No. 24-044 and Municipal Code Amendment No. 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code).

Second Reading/Adopt Ordinance No. 1954 approving Master Case No. 24-044 and Municipal Code Amendment No. 24-003: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code). 21

C. Adopt a Resolution Summarily Vacating a Public Easement 21-2766 located on the south side of Slover Avenue and east side of Citrus Avenue

1. Find that in accordance with the California Environmental Quality Act (CEQA), the project was considered within the previously adopted Mitigated Negative Declaration for the future Development of an approximately 194,212 square foot warehouse located on the southeast corner of Slover Avenue and Citrus Avenue, no further environmental review is required, and direct staff to file a Notice of Determination.

2. Adopt Resolution No. 2024-060, to summarily vacate excess road right-of-way located on the south side of Slover Avenue and east of Citrus Avenue, pursuant to Section 8330, et. seq. of the California Streets and Highway Code.

D. Administrative Policy Revisions 21-3031

1. Adopt Resolution 2024-061 of the City Council of the City of Fontana, amending Administrative Policy Section 20-37 Gift(s) of Tickets and/or Passes.

2. Adopt Resolution 2024-062 of the City Council of the City of Fontana, amending Administrative Policy Section 20-55 Purchasing Card (Cal-Card).

E. Approve a Task Order for Geotechnical Engineering and 21-3091 Materials Testing Services for the Cypress Avenue Storm Drain Project

1. Approve and authorize the City Manager to execute a Task Order in the amount of $236,896.00 with Fenagh for Geotechnical Engineering and Material Testing Services for the Cypress Avenue Storm Drain Project, Request for Proposals SQ-87-DE-19-89.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

F. Approve Task Order for Engineering Design Services for the 21-3103 Pavement Rehabilitation Project (2024)

1. Approve and authorize the City Manager to execute a Task Order in a not-to exceed amount of $118,566.00 with Engineering Resources of Southern California (ERSC) for engineering design services for the Pavement Rehabilitation Project (2024) Request for Proposal SQ-87-DE19-91.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.
22

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Pavement Rehabilitation Project (2024).

G. Measure I Five Year Local Street Capital Improvement Program 21-3105 Amendment and Annual Adoption
Adopt Resolution No. 2024-063, approving an amendment to the Fiscal Years 2023/2024 - 2027/2028 Measure I Five Year Local Street Capital Improvement Program (CIP) and adopting the Measure I Five Year Local Street Capital Improvement for Fiscal Years 2024/2025 - 2028/2029.

H. Approve a Development Impact Fee Credit Agreement related 21-3106 to Parcel Map No. 20508 and Design Review No. 22-007
Approve and authorize the City Manager to execute a Development Impact Fee Credit Agreement with CPL Slover LLC, a Delaware limited liability company, related to Parcel Map No. 20508 and Design Review No. 22-007, located north of Slover Avenue at Banana Avenue, for the required construction of offsite improvements at the intersection of Slover Avenue and Calabash Avenue.

I. Final Acceptance of Tract No. 20018 In-Tract Improvements: 21-3116 Street, Sewer, Storm Drain, and Signing & Striping

1. Accept as complete the In-Tract Improvements: Street, Sewer, Storm Drain, and Signing & Striping for Tract No. 20018, located on the east side of Lytle Creek Road, north of Summit Avenue.

2. Adopt Resolution No. 2024-064, accepting the In-Tract sewer system for Tract No. 20018 as part of the City sewer system.

J. Approve a License Agreement with San Bernardino County 21-3117 Transportation Authority (SBCTA) for the Construction of the Cypress Storm Drain Project

1. Approve and authorize the City Manager to execute a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the Construction of the Cypress Storm Drain Project K. Approve a Development Impact Fee Credit Agreement related 21-3118 to Parcel Map No. 20250 (TPM No. 20-015), MCN No. 20-054, Design Review No. 20-022
Approve and authorize the City Manager to execute a Development Impact Fee Credit Agreement with Sierra Avenue Industrial, LLC, a Delaware limited liability company, related to Parcel Map No. 20250 located north of Slover Avenue between Cypress Avenue and Juniper Avenue, for the required construction of offsite improvements along Slover Avenue. 23

L. Final Acceptance of the Citrus Avenue at Ceres Avenue Traffic 21-3119 Signal Project
Accept as complete the work performed by Dynalectric dba KDC Inc. for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (#37603355).

M. Emergency Management Training Policy 21-3121
Adopt City of Fontana Emergency Management Training Policy.

N. Approve an Increase in Construction Contingency for the 21-3124 Courtplace Housing Development (Infrastructure
Improvements), Project Bid No. DE-24-124-SB

1. Approve and authorize the City Manager to increase the construction contingency in the amount of $2,013,647.60, for a total contingency amount of $2,500,000.00.

2. Appropriate $1,000,000.00 from Storm Drain Fund 622, I-10 South watershed area and $170,000.00 will be allocated from Sewer Expansion Fund 623.

O. Accept Additional Carbon Reduction Program (CRP) Grant 21-3133 Funds for the San Sevaine Trail Phase 1, Segment 2 Project Approve and authorize the City Manager to accept the CRP Grant Funds in the amount of $1,500,000.00 for the San Sevaine Trail Phase 1, Segment 2 Project and authorize staff to request reimbursements per grant requirements.

P. Adoption of the City of Fontana Emergency Management 21-3134 Strategic Plan

1. Adopt the City of Fontana Emergency Management Strategic Plan.

2. Authorize the Emergency Services Coordinator to implement the Strategic Plan.

3. Approve the strategic objectives and related actions outlined in the Strategic Plan.

Q. Police Department Monthly Information Update 21-3138 Accept the Police Department monthly information update for May 2024.

R. Award a Construction Contract for the ARPA - Fiber to City 21-3144 Parks Project (Bid No. DE-24-180-SB)

1. Award Bid and authorize the City Manager to execute a construction contract with On Demand Contractors, Inc. for the construction of the 24

ARPA - Fiber to City Parks Project in the amount of $376,200.00 and authorize a 10% contingency in the amount of $37,620.00 (Bid No. DE-24 -180-SB).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the ARPA - Fiber to City Parks Project.

3. Approve a transfer of $116,542.00 from Project 37600059, ARPA Fiber to City Facilities, to Project 37200006, Jack Bulik Park.

4. Approve a transfer of $109,490.00 from Project 37600059, ARPA Fiber to City Facilities, to Project 37200007, Veterans Park.

S. Police Department Donations January - June 2024 21-3149 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

T. Authorize to Award the Purchase of Equipment and Services to 21-3153 Update the Mapping System of the Fontana Police Department Airships

1. Approve and authorize the City Manager or his assigned designee to award the purchase of equipment, supplies and services related to the updated mapping system of the airships.

2. Approve an appropriation in the amount of $1,701,450.00 from Federal Asset Seizure (Fund 223).

U. Levy of a Special Tax in Community Facilities Districts 21-3154 (Maintenance) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-065, Authorizing the Levy of a Special Tax within Community Facilities Districts (Maintenance) for Fiscal Year 2024-2025.

V. Levy of a Special Tax in Community Facilities District No. 1 21-3155 (Southridge Village) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-066, Authorizing the Levy of a Special Tax in Community Facilities District No. 1 (Southridge) for Fiscal Year 2024-2025.

W. Levy of a Special Tax in Community Facilities District No. 7 21-3156 (Country Club Estates) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-067, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 7 (Country Club Estates) for Fiscal Year 2024-2025. 25

X. Levy of a Special Tax in Community Facilities District No. 11 21-3157 (Heritage West End) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-068, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 11 (Heritage West End) for Fiscal Year 2024-2025.

Y. Levy of a Special Tax in Community Facilities District No. 12 21-3158 (Sierra Lakes) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-069, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 12 (Sierra Lakes) for Fiscal Year 2024-2025.

Z. Levy of a Special Tax in Community Facilities District No. 22 21-3159 (Sierra Hills South) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-070, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 22 (Sierra Hills South) for Fiscal Year 2024-2025.

AA. Levy of a Special Tax in Community Facilities District No. 31 21-3160 (Citrus Heights North) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-071, of the City Council of the City of Fontana, California, authorizing the Levy of a Special Tax in Community Facilities District No. 31 (Citrus Heights North) for Fiscal Year 2024-2025.

AB. Levy of a Special Tax in Community Facilities District No. 37 21-3161 (Montelago) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-072, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 37 (Montelago) for Fiscal Year 2024-2025.

AC. Levy of a Special Tax in Community Facilities District No. 70 21-3162 (Avellino) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-073, of the City Council of the City of Fontana, California, authorizing the Levy of Special Tax in Community Facilities District No. 70 (Avellino) for Fiscal Year 2024-2025.

AD. Levy of a Special Tax in Community Facilities District No. 71 21-3163 (Sierra Crest) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-074, Authorizing the Levy of Special Tax in Community Facilities District No. 71 (Sierra Crest) for Fiscal Year 2024-2025.

AE. Levy of a Special Tax in Community Facilities District No. 74B 21-3164 and 74M (Citrus/Summit) for Fiscal Year 2024-2025.

1. Adopt Resolution No. 2024-075 Authorizing the Levy of a Special Tax in 26

Community Facilities District No. 74B (Citrus/Summit) for Fiscal Year 2024-2025.

2. Adopt Resolution No. 2024-076, Authorizing the Levy of a Special Tax in Community Facilities District No. 74M (Citrus/Summit) for Fiscal Year 2024-2025.

AF. Levy of a Special Tax in Community Facilities District No. 80 21-3165 (Bella Strada) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-077, Authorizing the Levy of Special Tax in Community Facilities District No. 80 (Bella Strada) for Fiscal Year 2024-2025.

AG. Levy of a Special Tax in Community Facilities District No. 81 21-3166 (Gabriella) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-078, Authorizing the Levy of Special Tax in Community Facilities District No. 81 (Gabriella) for Fiscal Year 2024-2025.

AH. Levy of a Special Tax in Community Facilities District No. 85 21-3167 (Arboretum) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-079, Authorizing the Levy of Special Tax in Community Facilities District No. 85 (The Meadows) for Fiscal Year 2024-2025.

AI. Levy of a Special Tax in Community Facilities District No. 86 21-3168 (Etiwanda Ridge) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-080, Authorizing the Levy of Special Tax in Community Facilities District No. 86 (Etiwanda Ridge) for Fiscal Year 2024-2025.

AJ. Levy of a Special Tax in Community Facilities District No. 87 (El 21-3169 Paseo) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-081, Authorizing the Levy of Special Tax in Community Facilities District No. 87 (El Paseo) for Fiscal Year 2024-2025.

AK. Levy of a Special Tax in Community Facilities District No. 88 21-3170 (Sierra Crest II) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-082, Authorizing the Levy of Special Tax in Community Facilities District No. 88 (Sierra Crest II) for Fiscal Year 2024-2025.

AL. Levy of a Special Tax in Community Facilities District No. 89 21-3171 (Belrose) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-083, Authorizing the Levy of Special Tax in Community Facilities District No. 89 (Belrose) for Fiscal Year 2024-2025. 27

AM. Levy of a Special Tax in Community Facilities District No. 90 21-3172 (Summit at Rosena Phase One) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-084, Authorizing the Levy of Special Tax in Community Facilities District No. 90 (Summit @ Rosena Phase 1) for Fiscal Year 2024-2025.

AN. Levy of a Special Tax in Community Facilities District No. 95 21-3173 (Summit at Rosena Phase Two) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-085, Authorizing the Levy of Special Tax in Community Facilities District No. 95 (Summit @ Rosena Phase 2) for Fiscal Year 2024-2025.

AO. Levy of a Special Tax in Community Facilities District No. 99 21-3174 (The Retreat) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-086, Authorizing the Levy of Special Tax in Community Facilities District No. 99 (The Retreat) for Fiscal Year 2024-2025.

AP. Levy of a Special Tax in Community Facilities District No. 100 21-3175 (Victoria) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-087, Authorizing the Levy of Special Tax in Community Facilities District No. 100 (Victoria) for Fiscal Year 2024-2025.

AQ. Levy of a Special Tax in Community Facilities District No. 106 21-3176 (Mountainview) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-088, Authorizing the Levy of Special Tax in Community Facilities District No.106 (Mountainview) for Fiscal Year 2024-2025.

AR. Levy of a Special Tax in Community Facilities District No. 107 21-3177 (Highland) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-089, Authorizing the Levy of Special Tax in Community Facilities District No.107 (Highland) for Fiscal Year 2024-2025.

AS. Levy of a Special Tax in Community Facilities District No. 109 21-3178 (Narra Hills) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-090, Authorizing the Levy of Special Tax in Community Facilities District No. 109 (Narra Hills) for Fiscal Year 2024-2025.

AT. Levy of a Special Tax in Community Facilities District No. 111 21-3179 (Monterado) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-091, Authorizing the Levy of Special Tax in Community Facilities District No. 111 (Monterado) for Fiscal Year 2024-2025. 28

AU. Levy of a Special Tax in Community Facilities District No. 112 21-3180 (The Gardens Phase One) for Fiscal Year 2024-2025.

Adopt Resolution No. 2024-092, Authorizing the Levy of Special Tax in Community Facilities District No. 112 (The Gardens Phase One) for Fiscal Year 2024-2025.

AV. Homelessness Case Management 21-3182

1. Authorize the City Manager to enter into a funding reimbursement agreement with the County of San Bernardino for case management services in the amount of $500,000 subject to City Attorney approval.

2. Adopt Resolution 2024-093, authorizing Development Services to procure services utilizing Section 3.1.5 Non-Competitive method of the Purchasing Policy and Procedure Manual.

3. Approve a proposal and authorize the City Manager to enter into an agreement with Symba Center, a 501 (c)(3) non-profit, in the amount of $500,000 for Case Management Services at the Homelessness Prevention Resources Care Center (HPRCC) hotel located at 17133 Valley Boulevard, Fontana CA 92335 contingent upon the City entering into the funding reimbursement agreement with the County of San Bernardino.

4. Approve and authorize the City Manager to execute all future amendments to the agreement with Symba Center for Case Management Services.

PUBLIC HEARINGS:

A. Second General Plan Amendment and Project for the 2nd 21-3120 General Plan Cycle of 2024; Walnut Village Specific Plan and associated Environmental Impact Report (EIR)
Master Case No. 22-008: General Plan Amendment No. 22-012, Zoning Code Amendment No. 24-003, Specific Plan Amendment No. 24-001 - an amendment to Figure 15.9 (Land Use Category) in Chapter 15 (Land Use, Zoning and Urban Design) of the General Plan to change:
approximately 7 acres from Community Commercial (C-C) to Multi-Family Medium to High Density Residential (R-MFMH), approximately 5 acres from Community Commercial (C-C) to Residential Planned Community (R-PC), approximately 38 acres from Residential Planned Community (R-PC) to Multi-Family High Density Residential (R-MFH), approximately 10 acres from Residential Planned Community (R-PC) to Multi Family Residential (R-MF), removal of the Auto Center Overlay designation on approximately 8.5 acres within the Walnut Village Specific Plan boundary; Development Code Amendment to 29

revise Sections 30-635, 30-639, and 30-642 of the Zoning and Development Code to remove the Fontana Auto Center Overlay District from approximately 8.5 acres in the Walnut Village Specific Plan boundary; and a Specific Plan to include rescinding the existing Walnut Village Specific Plan and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan including new planning areas and development standards, pursuant the Program
Environmental Impact Report (PEIR) Mitigation, Monitoring and Reporting Program (MMRP) (SCH No. 2023050271) for the new Walnut Village Specific Plan.
a) Adopt Resolution No. 2024-094 (General Plan Amendment Cycle No. 2 of 2024) a Resolution of the City Council of the City of Fontana, to certify the Final Program Environmental Impact Report (FPEIR), (State Clearinghouse No. 2023050271), adopt a Statement of Overriding Consideration, a Mitigation Monitoring and Reporting Program, and a Statement of Facts and Findings, and direct staff to file a Notice of Determination; and b) Adopt Resolution No. 2024-095, (General Plan Amendment Cycle No. 2 of 2024) a Resolution of the City Council of the City of Fontana approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, a General Plan Amendment (GPA) No. 20-012 (General Plan Amendment Cycle No. 2 of 2024) to amend the General Plan land use map, Exhibit 15.8 from Community Commercial (C-C) to Multi-Family Medium to High Density Residential (R-MFMH) for approximately 5.8 acres (APNs: 0240-121-17, -21 and -23), from Residential Planned Community (R-PC) to Multi-Family High Density Residential (R-MFH) for approximately 34 acres (APNs:
0240-141-01, -03, -05, -06, -07, -08, -15, -18, -19, -20, -21, -22, -23, -24, -25 , -27, -29, -30, -33, -34, -35, -37, and -38 and
0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -31, -32, -33, -34, -35, and from Residential Planned Community (R-PC) to Multi-Family Residential (R-MF) for approximately 8.75 acres (APNs: 0240-161-29, -33, -35, -36, -37, and -38), within the Walnut Village Specific Plan area; and
c) Read by title only and waive further reading of and introduce Ordinance No. 1955, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, -23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue, and that the reading of the title constitutes the first reading thereof; and
d) Read by title only and waive further reading of and introduce Ordinance 30

No. 1956, an Ordinance of the City Council of the City of Fontana, approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan, and that the reading of the title constitutes the first reading thereof;
Associate Planner Cecily Session-Goins provided the staff report.

Council Member Roberts asked if the retention basins along Mango had been repurposed.

Associate Planner Session-Goins stated that some of the retention basins had been repurposed.

Council Member Cothran asked if developers and property owners were readying for development of the parcels upon the recent zoning updates and changes.

Associate Planner Session-Goins stated that some development had begun because of zoning updates and changes.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

The following individuals spoke in opposition:

1. Ammielyn Deita

2. Donna Rice-Spears
Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Mayor Pro Tem Garcia, and passed by a vote of 5-0 to approve staff recommendation on Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None B. Public Hearing to Establish Fiscal Year 2024-2025 Assessment 21-3152 Rates for Landscape and Lighting Maintenance Districts.

1. Adopt Resolution No. 2024-096, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 1 (“LMD #1” throughout the City) for Fiscal Year 2024-2025.

2. Adopt Resolution No. 2024-097, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying 31

the Assessment for Landscape Maintenance District No. 2 (“LMD #2” Village of Heritage) for Fiscal Year 2024-2025.

3. Adopt Resolution No. 2024-098, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3 (“LMD #3” Hunter’s Ridge) for Fiscal Year 2024-2025.

4. Adopt Resolution No. 2024-099, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Landscape Maintenance District No. 3- 1 (“LMD #3-1” Empire Center) for Fiscal Year 2024-2025.

5. Adopt Resolution No. 2024-100, of the City Council of the City of Fontana, California, Confirming a Diagram and Assessment, and Levying the Assessment for Local Lighting Maintenance District No. 3 (“LLMD #3” Hunter’s Ridge) for Fiscal Year 2024-2025.

Accountant II Justin Marrietta provided the staff report.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written public communications were received.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 5-0 to approve staff recommendation on Public Hearing Item “B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None C. An Urgency Ordinance of the City Council of the 21-3145 City of Fontana in Accordance with Government Code Section 65858 Extending the Moratorium on the Approval of Any Building Permit, Occupancy Permit, Conditional Use Permit, Variance,
Subdivision Map, Design Review, Administrative Site Plan Review or Other Land Use Entitlement or Permit, or Regulatory License or Permit Required to Comply with the Provisions of the Municipal Code or Specific Plan for Service Based,
Non-Entertainment Uses For An Additional Year
Waive the reading of the text in its entirety, read by title only, and adopt Ordinance No. 1957, “AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF FONTANA IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON 32

THE APPROVAL OF ANY BUILDING PERMIT, OCCUPANCY PERMIT,

CONDITIONAL USE PERMIT, VARIANCE, SUBDIVISION MAP, DESIGN

REVIEW, ADMINISTRATIVE SITE PLAN REVIEW OR OTHER LAND USE

ENTITLEMENT OR PERMIT, OR REGULATORY LICENSE OR PERMIT

REQUIRED TO COMPLY WITH THE PROVISIONS OF THE MUNICIPAL

CODE OR SPECIFIC PLAN FOR SERVICE BASED,
NON-ENTERTAINMENT USES FOR AN ADDITIONAL YEAR”
Mayor Warren opened the public hearing.

City Clerk Key stated that three written communications were received.

Deputy City Manager Phillip Burum provided the staff report.

Mayor Warren read a statement from the city on Planned Parenthood.

The following individuals spoke in favor:

1. Mark Richichi

2. Cecelia
The following individuals spoke in opposition:

1. Kathleen Jones

2. Dante Diaz

3. Richard Stager

4. Dorene Isenberg

5. Kathy Crane

6. Kristen Booth

7. Maricela

8. Damian

9. Lupe Miranda

10. Tariq Azim

11. Jasmine Ghiotto

12. Alexis Claiborne

13. Ariana Chavez

14. Alex Olmedo

15. Ana Gonzalez

16. Art Gomez

17. Mariah Gomez

18. Anna Tran

19. Victoria Sloane

20. Jocabed Torres

21. John Rower

22. Carmen Mariscal

23. Sheba Devore

24. Emily Jones

25. Andrea Perez
33

26. Michelle Buenrostro

27. Avivaminto un Sola Voz

28. Maria Brunner

29. Michael Townsend

30. Prince Obidipke

31. Jerardo Reyes

32. Jesus Crist Organization

33. Evan Webb

34. Nayeli Salgado

35. Kate Prectorius
City Attorney Duran stated that an additional email was received by the City at 1:30 p.m. (after the deadline to submit written communications) expressing opposition of the item and will be sent to the Council and added into the record.

Mayor Warren closed the public hearing.

Mayor Warren clarified that Planned Parenthood had not been issued permits. Also addressed comments regarding the person who spoke about violence being threatened against them and encouraged them to report those types of incidents to the Police Department.

Mayor Warren then discussed concerns with misinformation regarding lack of healthcare in the City. Clarified that the healthcare industry is the number one employer in Fontana and is also home to Kaiser Permanente along with San Antonio Hospital and Arrowhead Regional Medical Center.

Discussion ensued regarding the need to extend the moratorium.

Council Member Sandoval discussed concerns with the length of time that the moratorium had been in place.

City Manager Matthew Ballantyne stated that the moratorium could only be extended for one additional year.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed by a vote of 4-1 to approve staff recommendation on Public Hearing Item “C.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: None RECESS:

Mayor Warren called for a recess at 4:40 p.m.

The meeting reconvened at 4:46 p.m. with all members present. 34

CONTINUED BUSINESS:

A. Continued Business
A. Adoption of Homeless Solutions Action Plan 21-3203
Adopt Resolution 2024-101, Homelessness Solutions Action Plan and direct staff to implement strategies laid out in plan.

Deputy City Manager Burum provided the staff report.

Mayor Warren and the Council commended staff for their efforts and stated that they looked forward to future updates.

Discussion ensued about data and reporting.

Mayor Warren thanked County Supervisor Jesse Armendarez for their support and resources.

Also discussed partnerships between the City, County and State to provide resources to the unsheltered population.

ACTION: Motion was made by Council Member Sandoval, seconded by Council Member Roberts, and passed by a vote of 5-0 to approve staff recommendation on Continued Business Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None NEW BUSINESS:

A. New Business
A. Fiscal Year 2023-24 Fourth Quarter Budget Status Report 21-3130 Approve the recommended Fiscal Year 2023-24 Fourth Quarter Budget adjustments.

Chief Financial Officer Jessica Brown provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Sandoval, and passed by a vote of 5-0 to approve staff recommendation on New Business Item “A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: None PUBLIC COMMUNICATIONS - CONTINUED:

A. Public Communications
Evan Webb spoke in support of Planned Parenthood.
35

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Ballantyne had no updates.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked Chief Financial Officer Brown for the 4th Quarter Budget Status Report and wished Mayor Warren a happy birthday.

City Clerk Key wished Mayor Warren a happy birthday.

Council Member Cothran wished Mayor Warren a happy birthday.

Mayor Pro Tem Garcia wished Mayor Warren a happy birthday.

Council Member Sandoval expressed condolences to Captain Binks and the Binks family for their loss.

Council Member Roberts commended staff on the Homeless Strategic Action Plan and wished Mayor Warren a happy birthday. Also expressed condolences to Captain Binks and the Binks family for their loss.

Mayor Warren discussed the hosting of the Chinese delegation in Fontana and thanked staff for all their hard work. Commended Economic Development Analyst Rhonesia Perry, Public Affairs Manager Robert Torres, Administrative Secretary Wendy Duenas, Executive Secretary Tanya Ruiz and Deputy City Manager Ray Ebert for coordinating. Also thanked Step Up Academy for their performance and Spaggi's for catering the event. Encouraged all to visit the Stage Red venue and discussed the recent opening of The Path.

ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individuals:

1. Yolanda Garcia

2. Vicki Binks
Mayor Warren adjourned the meeting at 5:26 p.m. to the Special City Council Meeting on Thursday, July 25, 2024, at 8:00 a.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
36

_____________________
Christina Rudsell, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 10, 2024.
_______________________
Germaine Key
City Clerk
37

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Thursday, July 25, 2024
8:00 AM
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
38

CALL TO ORDER/ROLL CALL:

A. 8:00 A.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Thursday, July 25, 2024.

Mayor Warren called the Special City Council Meeting to order at 8:05 a.m.

ROLL CALL:

PRESENT: Mayor Warren, Council Members Cothran, Roberts and Sandoval.

ABSENT: Mayor Pro Tem Garcia, City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.

PUBLIC COMMUNICATIONS:

A. Public Communications
Michael Tahar greeted the Council and thanked them for their efforts. Expressed concerns about the condition of the Fontana Metrolink station and asked the City to partner with Metrolink and the San Bernardino County Transportation Authority to address.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed by a vote of 4-0 to approve Consent Calendar Item “A.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Garcia
A. Approve an Easement with Southern California Edison (SCE) 21-3128 Company along John Previti Road (formerly Lytle Creek Road), south of Duncan Canyon Road.

Approve and authorize the City Manager to execute the Easement with Southern California Edison (SCE) Company.
39

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Matt Ballantyne thanked the Council for attending today's meeting. Also stated that there were two summer concerts remaining on July 25th and August 1st and encouraged all to attend.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
Council Member Cothran clarified that today's meeting was to address Consent Calendar Item “A” since the Council was dark in August. Also discussed the downtown parking structure project and wished Mayor Warren a happy birthday.

Council Member Roberts had no comments.

Council Member Sandoval had no comments.

Mayor Warren thanked everyone for the birthday wishes. Encouraged the community to attend the summer concerts in the park.

ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 8:15 a.m. to the next Regular City Council Meeting on September 10, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Christina Rudsell, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 10, 2024.
_______________________
Germaine Key
City Clerk
40 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3206 Agenda Date: 9/10/2024
Agenda #: B. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Adoption of Ordinance No. 1955 (Second Reading), Removal of Auto Center Overlay from Walnut Village Specific Plan
RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1955 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Zoning Code Amendment (ZCA) No. 24-003 to remove the Auto Center Overlay from approximately 8.5 acres (APNs: 0240-121-17, -21, - 23, -36, -37, -38, -39, -40, -41, -42, -43, -44, and -45) east of Sierra Avenue, north and south of South Highland Avenue.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

Ordinance No. 1955 was introduced by a vote of 5-0 at the July 23, 2024, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/20/2024
powered by Legistar™ 41

ORDINANCE NO. 1955

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

APPROVING, PURSUANT TO THE CERTIFIED FINAL PROGRAM

ENVIRONMENTAL IMPACT REPORT AND APPROVED MITIGATION
MONITORING AND REPORTING PROGRAM (SCH NO. 2023050271) FOR THE

NEW WALNUT VILLAGE SPECIFIC PLAN PROJECT, ZONING CODE
AMENDMENT NO. 24-003 TO REMOVE THE FONTANA AUTO CENTER
OVERLAY (PLANNING AREA NO. 2) FROM APPROXIMATELY 8.5 ACRES (ASSESSOR PARCEL NUMBERS: 0240-121-17, -21 AND -23) LOCATED ON

THE SOUTHEAST CORNER OF SIERRA AVENUE AND SOUTH HIGHLAND AVENUE, AS REFLECTED IN SECTIONS 30-635 AND 30-639 OF THE ZONING AND DEVELOPMENT CODE.

WHEREAS, Assessor Parcel Numbers (“APNs”) 0240-121-17, -21 and -23 were annexed from San Bernardino County and incorporated into the City of Fontana on October 8, 1981 (“Project Site”); and
WHEREAS, in 1983, the Walnut Village Specific Plan was adopted and exclusively provided for single-family residential uses; and WHEREAS, the Walnut Village Specific Plan was amended multiple times to shift from the exclusively single family residential land use to include additional land uses such as commercial use and parks; and
WHEREAS, on November 13, 2018, the most recent edition of the City of Fontana General Plan (“General Plan”) was adopted by the Fontana City Council (“City Council”) and the City of Fontana Housing Element was adopted by the City Council on February 8, 2022; and
WHEREAS, On June 9, 2020, the City of Fontana (“City”) was awarded the Local Early Action Planning (“LEAP”) Grant program funds in the amount of $500,000 by the Department of Housing and Community Development to complete work on a new specific plan for Walnut Village which is generally located south of the 210 freeway, east of Sierra Avenue, west of Palmetto Avenue and north of Baseline Avenue; and
WHEREAS on December 4, 2020, the City initiated an amendment to the Walnut Village Specific Plan; and
WHEREAS, Zoning Code Amendment No. 24-003 (“ZCA No. 24-003”) removes the Fontana Auto Center Overlay from APNs 0240-121-17, -21 and -23 as is currently reflected in Sections 30-635 and 30-639 of the Fontana Zoning and Development Code; and
WHEREAS, the Zoning Code Amendment is considered a “Project” as defined by the California Environmental Quality Act (CEQA); and 42

WHEREAS, on February 28, 2023, the Fontana Planning Commission (“Planning Commission”) and City Council held a joint workshop on the new Walnut Village Specific Plan to provide information on the proposed land use and design amendments for the specific plan; and
WHEREAS, on July 2, 2024, the Planning Commission received public testimony and evidence presented by the Applicant, City staff, and other interested parties at a public hearing held on the project Final Program Environmental Impact Report (“FPEIR”), Mitigation Monitoring and Reporting Program (“MMRP”), General Plan Amendment (GPA) No. 22-012 (General Plan land use map), ZCA No. 24-003, and Specific Plan Amendment (SPA) No. 24-001. After carefully considering all information pertaining to the project, recommended approval of the Project to the City Council with a 3-0 vote by Resolution No. 24-036; and
WHEREAS, on July 23, 2024, pursuant to Resolution No. 2024-094, the City Council certified the FPEIR, which analyzed the MCN No. 22-115; GPA No. 22-012, ZCA No. 24-003, and Specific Plan Amendment No. 24-001, adopted environmental findings, and a Statement of Overriding Considerations, and approved the MMRP, and the Project; and
WHEREAS, ZCA No. 24-003 to the Zoning Code will assist the City in meeting its Regional Housing Needs Allocation (“RHNA”) number and will increase the potential of housing unit development; and
WHEREAS, ZCA No. 24-003 will contribute to a balanced and diverse neighborhood and associated amenities and services; and WHEREAS, all the notices required by statute and the Fontana Municipal Code have been given as required; and
WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing for the City Council, and a notice of the public hearing was published in the Fontana Herald newspaper on July 12, 2024 and simultaneously displayed at City Hall; and WHEREAS, on July 23, 2024, the City Council conducted a duly noticed public hearing on the project FPEIR and MMRP, GPA No. 22-012, ZCA No. 24-003, and SPA No. 24-001, received testimony from all parties and documentation from the Planning Commission’s public hearing on July 2, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.
43

SECTION 2. CEQA. Having considered the certified FPEIR and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the zoning amendments have been addressed within the FPEIR, and that there is no substantial evidence in the administrative record that the Project may result in any significant environmental impacts beyond those analyzed in the FPEIR.

Therefore, pursuant to State CEQA section 15189 through 15190 and Section 6.18 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, the City Council finds that the preparation of a subsequent or supplemental CEQA document is not required for the zoning amendments.

SECTION 3. Zoning Code Amendments Findings. The City Council hereby makes the following findings for ZCA No. 24-003 in accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: The Zoning and Development Code may be amended by changing the development standards (text) or zoning
designation map boundaries of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety, or general welfare or when
modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: Amending Sections 30-635 and 30-639 of the Zoning and Development Code, which would allow for the construction of mixed-use (commercial and residential) development by way of the new Walnut Village Specific Plan. The new specific plan would allow for higher density residential, mixed and commercial uses, enhanced walkability, and the creation of high-quality
development, which will forward the Housing Goal No. 1 (Housing Policy 1.1, Fontana 6th Cycle Housing Element) of the General Plan which is to establish a range of housing opportunities in the City and also forward Action A (Goal 3 in Chapter 13 of the General Plan) to refine zoning to encourage mixed-use
development where appropriate.

SECTION 4. Zoning Code Amendment Approval. Based on the findings in Section 3, the City Council finds that the amendment is in conformance with the goals and polices of the General Plan and approves ZCA No. 24-003 to amend Sections 30- 635 and 30-639 of the Zoning Code to remove the Fontana Auto Center Overlay from APNs 0240-121-17, -21 and -23 as shown on Exhibit “A”, which is attached hereto and incorporated herein.

SECTION 5. Corresponding Ordinance Approving SPA No. 24-001. The terms and provisions of this Ordinance shall not become operative unless and until (1) the City Council adopts that certain corresponding Ordinance approving SPA No. 24-001 44

(“SPA Amendment No. 24-001”) that is introduced by the City Council contemporaneously with this Ordinance, and (2) SPA Amendment No. 24-001 thereafter becomes effective.

SECTION 6. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, or a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

SECTION 8. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 9. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 10th day of September 2024.

READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 23rd day of July 2024, and was finally passed and adopted not less than five days thereafter on the 10th day of September 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
45

_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
46

“EXHIBIT A”
Sec. 30-635. - Description of auto center overlay district boundary.

The Fontana Auto Center Overlay District is defined by those boundaries identified in the overlay district map (Figure 1). The project area is divided into four separate planning areas. Planning area 1 contains approximately 81.5 gross acres and is generally located adjacent to the south side of the 210 Foothill Freeway, along both sides of South Highland Avenue, between Sierra Avenue on the East and Citrus Avenue on the West. Planning area 2 contains approximately 26 11.5 gross acres and includes the existing shopping center and vacant land on the northeast side corner of Sierra Avenue and South Highland Avenue, adjacent to the 210 Foothill Freeway, within the Walnut Village Specific Plan Area. Planning area 3 contains approximately 25 gross acres and is located between Citrus Avenue and Oleander Avenue, south of South Highland Avenue. Planning area 4 contains approximately 6.5 gross acres and is located at the northwest corner of Sierra Avenue and South Highland Avenue.

Sec. 30-639. – Authority and requirements.

The Fontana Auto Center Overlay District shall be applied to those properties located within the overlay district area, in addition to the land use regulations set forth in Chapter 30 of the Fontana Municipal Code. This overlay district modifies certain regulations contained in Chapter 30 of the Code, as enumerated herein. If there is a conflict with Chapter 30, the overlay district shall prevail.

Figure 1. Fontana Auto Center Overlay District Planning Area Boundaries Map 47

AUTO CENTER OVERLAY
PA 2
48 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3207 Agenda Date: 9/10/2024
Agenda #: C. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Adoption of Ordinance No. 1956 (Second Reading), Walnut Village Specific Plan RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1956 approving, pursuant to the certified Final Program Environmental Impact Report Program (SCH No. 2023050271) and approved Mitigation Monitoring and Reporting for the new Walnut Village Specific Plan Project, Specific Plan Amendment No. 24-001 rescinding the existing Walnut Village Specific Plan (SP-3) and replacing it with the new Specific Plan to establish a new Walnut Village Specific Plan.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.

DISCUSSION:

Ordinance No. 1956 was introduced by a vote of 5-0 at the July 23, 2024, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 8/20/2024
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ORDINANCE NO. 1956

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING, PURSUANT TO THE CERTIFIED FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH NO.
2023050271) AND APPROVED MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE NEW WALNUT VILLAGE SPECIFIC
PLAN PROJECT, SPECIFIC PLAN NO. 24-001, RESCINDING THE
EXISTING WALNUT VILLAGE SPECIFIC PLAN (SP-3) AND ADOPTING THE NEW WALNUT VILLAGE SPECIFIC PLAN.

WHEREAS, in 1983, the Walnut Village Specific Plan was adopted and exclusively provided for single-family residential uses; and
WHEREAS, the Walnut Village Specific Plan was amended multiple times to shift from the exclusively single family residential land use to include additional land uses such as commercial use and parks; and
WHEREAS, On June 9, 2020, the City was awarded the Local Early Action Planning (“LEAP”) Grant program funds in the amount of $500,000 by the Department of Housing and Community Development to complete work on a new specific plan for Walnut Village which is generally located south of the 210 freeway, east of Sierra Avenue, west of Palmetto Avenue and north of Baseline Avenue; and
WHEREAS on December 4, 2020, the City initiated an amendment to the Walnut Village Specific Plan; and
WHEREAS, on February 28, 2023, the Fontana Planning Commission (“Planning Commission”) and City Council held a joint workshop on the new Walnut Village Specific Plan to provide information on the proposed land use and design amendments for the specific plan; and
WHEREAS, on December 4, 2020, the City of Fontana (the “City”) submitted applications for General Plan Amendment 22-012 (GPA No. 22-012) to amend Exhibit

15.8 of General Plan Chapter 15 (Land Use, Zoning, And Urban Design) to change the land use designation for Assessor Parcel Numbers (“APNs”) 0240-121-17, -21 and -23 from Community Commercial (C-C) to Multi-Family Medium to High Density Residential (R-MFMH), to change the land use designation for APNs 0240-141-01, -03, -05, -06, -07, -08, -15, -18, -19, -20, -21, -22, -23, -24, -25, -27, -29, -30, -33, -34, -35, -37, And -38 And 0240-132-07, -08, -09, -10, -11, -12, -13, -14, -16, -17, -18, -19, -20, -21, -22, -23, - 24, -25, -26, -27, -28, -29, -31, -32, -33, -34, -35 from Residential Planned Community (RPC) to Multi-Family High Density Residential (R-MFH), to change the land use destination for APN 0240-361-41 from Community Commercial (C-C) to Residential Planned Community (R-PC), to change the land use designation for APNs 0240-161-29, -33, -35, -36, -37, and -38 from Residential Planned Community (R-PC) to Multi-Family Residential (R-MF), and to remove the Auto Center Overlay from APNs: 0240-121-19, -21, and -23 in the Walnut Village Specific Plan; Zoning Code Amendment No. 24-003 (ZCA No. 24- 003) to remove the Fontana Auto Center Overlay from APNs 0240-121-17, -21 and -23 50

as is currently reflected in the Fontana Zoning and Development Code; Specific Plan Amendment (SPA No. 24-001) to rescind the existing Walnut Village Specific Plan and adopt the new Walnut Village Specific Plan; and
WHEREAS, SPA No. 24-001 rescinds the existing Walnut Village Specific Plan (SP-3) and adopts a new Walnut Village Specific Plan, including new planning area designations, updated land use and development standards for undeveloped and underdeveloped areas, and clarified development standards for previously developed areas of the specific plan; and
WHEREAS, on July 2, 2024, the Planning Commission held a noticed public hearing and received public testimony and evidence by the Applicant, City staff, and other interested parties for GPA No. 22-012, ZCA No. 24-003, and SPA No. 24-001 and the Final Program Environmental Impact Report (“FPEIR”). After carefully considering all information pertaining to the project, the Planning Commission voted 3-0 to recommend approval to the Fontana City Council (“City Council”) by Resolution No. PC 2024-036; and
WHEREAS, the owners of property within 660 feet of the Project Site were notified via public hearing notice mailer prior to the public hearing for the City Council, and a notice of the public hearing was published in the Fontana Herald newspaper on July 12, 2024 and simultaneously displayed at City Hall; and WHEREAS, on July 23, 2024, the City Council held a duly noticed public hearing on the EIR, MMRP, and GPA No. 22-012, ZCA No. 24-003, and SPA No. 24-001, received testimony from all parties and documentation from the Planning Commission’s public hearing on July 2, 2024; and
WHEREAS, on July 23, 2024, pursuant to Resolution No. 2024-094, the City Council certified the FPEIR, which analyzed the MCN No. 22-115; GPA No. 22-012, ZCA No. 24- 003, and Specific Plan Amendment No. 24-001, adopted environmental findings, and a Statement of Overriding Considerations, and approved the MMRP and the Project.

WHEREAS, based on the information presented to the City Council at the public hearing held on July 23, 2024, the City Council found that the amendments and project are in conformance with the goals and policies of the General Plan to provide a diverse range of housing types and levels of affordability.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

SECTION 2. CEQA. Having considered the certified FPEIR and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of SPA No. 24-001 have been addressed within the FPEIR, and that there is no substantial evidence in the administrative record that the Project may result in any significant 51

environmental impacts beyond those analyzed in the FPEIR. Therefore, pursuant to State CEQA section 15189 through 15190 and Section 6.18 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, the City Council finds that the preparation of a subsequent or supplemental CEQA document is not required for SPA No. 24-001.

SECTION 3. Findings. The City Council hereby makes the following findings for SPA No. 24-001 in accordance with Section 30-67 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Specific Plan may be amended by changing the development standards or zoning designation of any zone whenever such an amendment is deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: Rescinding the existing Walnut Village Specific Plan (SP-3) and adopting a new Walnut Village Specific Plan provides a new planning area designations, new development and land use standards for undeveloped and underdeveloped areas of the specific plan, and clarified development standards for previously-developed areas of the specific plan. The existing Walnut Village Specific Plan (SP-3) was adopted in 1983 and while amended several times,
development has not occurred in undeveloped and underdeveloped areas. Further, the existing Walnut Village Specific Plan (SP-3) has, at times, been difficult to interpret and implement for property owners who want to make improvements to properties and structures. The new Walnut Village Specific Plan will maintain the neighborhood character while modernizing the plan. Additionally, the new planning area designations and corresponding development and land use standards will encourage walkability in a well-balanced community with opportunities for commercial, residential and open space land uses.

SECTION 4. Approval. Based on the findings in Section 3, the City Council hereby finds SPA No. 24-001 to be in conformance with the goals and policies of the General Plan and hereby approves the rescission of the existing Walnut Village Specific Plan (SP-3) and approves the adoption of a new Walnut Village Specific Plan as shown on Exhibit “A,” which is attached hereto and incorporated herein by this reference.

SECTION 5. Corresponding Ordinance Approving ZCA. 24-003. The terms and provisions of this Ordinance shall not become operative unless and until (1) the City Council adopts that certain corresponding Ordinance approving ZCA 24-003 (“ZCA Amendment No. 24-003”) that is introduced by the City Council contemporaneously with this Ordinance, and (2) ZCA Amendment No. 24-003 thereafter becomes effective. 52

SECTION 6. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

SECTION 8. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 9. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 10th day of September, 2024.

READ AND APPROVED AS TO LEGAL FORM:
_________________________________________
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 23rd day of July 2024, and was finally passed and adopted not less than five days thereafter on the 10th day of September 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:
_________________________________________
City Clerk of the City of Fontana
_________________________________________
Mayor of the City of Fontana
53

ATTEST:
_________________________________________
City Clerk
54 EXHIBIT “A”
(Under Separate Cover)
55 Walnut Village Specific Plan i-1
Table of Contents
Walnut Village
Specific Plan
ATTACHMENT NO. 5 56
Walnut Village Specific Plan i-2
Table of Contents
57 Executive Summary
Chapter One
58 Walnut Village Specific Plan Chapter 1-1
Executive Summary
Chapter 1.0 Executive Summary

1.1 Introduction
The Walnut Village Specific Plan is a policy and regulatory document that will help guide revitalization and promote new growth in the Walnut Village area. The Specific Plan encourages higher density residential development to support the City’s future housing growth needs, supported by locally serving commercial office and retail uses.

The Specific Plan area encompasses approximately 342 acres and includes a number of large, vacant parcels adjacent to established single family residential development. The Plan provides for the implementation of the Fontana General Plan land use policies.

The Walnut Village Specific Plan establishes a land use policy framework will guide future development by establishing land use and development regulations, incentives, and expectations for quality design. The Specific plan’s intent is to establish a high quality multi-modal, mixed-use environment that will be compatible with existing development.

1.2 Specific Plan Purpose
The Walnut Village Specific Plan is a land use regulatory document that provides design and development guidance to future project applicants. The Walnut Village Specific Plan establishes land use regulations, permitted uses, design guidelines public improvements and permitting procedures. Comprehensive design guidelines and development standards and regulations guide and regulate land uses, site planning, landscape, and architectural character within the Specific Plan area to establish expectation of design quality. The Walnut Village Specific Plan was initially adopted in 1983. The adopted Specific Plan has been amended numerous times since its original adoption.

This Specific Plan aims to promote new development, while promoting compatibility and consistency with the existing built environment.

1.3 Goals of the Specific Plan
The following goals for the Walnut Village Specific Plan in response to community input and focused discussions with stakeholders and provide consistency with the policies in the Fontana General Plan.

Key goals of the Walnut Village Specific Plan include:
 Establish a high quality of life and economic prosperity.  Encourage a compact, walkable, mixed-use area.
 Establish development standards and design guidelines to promote high level of quality development.
 Establish a mix of uses that complement the existing development pattern.
59 Walnut Village Specific Plan Chapter 1-2
Executive Summary
 Promote more urban densities along key corridors in the Specific Plan.  Preserve and promote community culture and heritage.
 Enhance connectivity open spaces and recreational facilities.  Establish a well-balanced community with opportunities for commercial, residential, and open space.
 Maintain compatibility with existing development.

1.4 How to Use This Document
This Specific Plan is adopted by Ordinance of the City Council and will be utilized by all applicants to determine applicable standards, provisions, and design guidance. All the standards and provisions within this Specific Plan shall govern all land use activities upon adoption. The Specific Plan shall be utilized in conjunction with the City of Fontana Municipal and other local state and federal regulations and standards. 60 Project Area Environs
Chapter Two
61 Walnut Village Specific Plan Chapter 2-1
Project Area Environs
Chapter 2.0: Project Area Environs

2.1 Regional Context
 The Walnut Village Specific Plan area is located in central northeast Fontana in southwestern San Bernadino County, as shown in Exhibit 2-1:

Regional Map below. The Project area is approximately 10 miles from the San Bernadino International Airport and 10 miles from Ontario International Airport. The northern area of Fontana, above the I-15 Highway, consists of mainly mountains. Exhibit: 2-1 Regional Map 62 Walnut Village Specific Plan Chapter 2-2
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2.2 History and Background
Founded in the 1850s, Fontana first was introduced as permanent vineyard settlements encroached on the Native American societies in the San Bernadino Valley in the 1880s to the early 20th century. After the arrival of A.B. Miller, the Fontana Farms’ “Partnership of Hens and Oranges” lasted from 1906 to 1942. Kaiser Steel recreated Fontana into a steel town between 1942 and 1983, with the City being incorporated in 1952. Since the 1980s, Fontana would again reform its identity into a suburban city based in the metropolitan region of Southern California.

The history of the Walnut Village Specific Plan stems from the revision of the General Plan in the 1980’s and the hope to accommodate for new growth. The Specific Plan was first approved of by the Planning Commission in 1983. This approval stemmed from an unexpected population growth within Fontana. Since the adoption of the 1981 General Plan, the population of Fontana increased 50 percent between the years 1981 to 1987, much faster than what had been estimated. To address the rapid growth, the General Plan was updated, along with a series of specific plans that were aimed to offer comprehensive planning programs to various parts of the City.

Born of the General Plan, the Walnut Village Specific Plan area is located on the northeast portion of the City of Fontana. The Specific Plan area is bounded in the north by Highland Avenue and the 210 Foothill freeway, in the east by Palmetto Avenue, the south by Baseline Avenue, and the west by Sierra Avenue. The area north of the Specific Plan is divided by both Fontana and the City of Rialto. In the Fontana boundary is the Sierra Lakes Specific Plan area. Similar to the goals of Walnut Village, Sierra Lakes provides an innovative mix of complementary land uses. To the right of Walnut Village (Eastbound of Palmetto Avenue) sits Rialto Airport and additional warehouse units.

As of 2023, the Walnut Village Specific Plan is one of 27 Specific Plans in the City.

According to the 2035 General Plan the Specific Plan allows for the land uses of Community Commercial (C-C), Residential Planned Community (R-PC), Residential Medium Density (R-M), Public Facilities (P-PF), and Recreational Facilities (P-R), which correlates to the surrounding areas. The area consists of 1,644 dwelling units, 39 acres of commercial land, and 2.5 acres of commercial mixed-use land. Originally, the Walnut Village Specific Plan was to restrict residential developments to single-family dwelling units on lots with a minimum of 7,200 net square feet and dwelling units of 1500 square feet. However, this minimum square footage was met with opposition. Up until the mid1990’s provisions in the Specific Plan were updated addressing minimum square footage, lot coverage and other dwelling unit requirements. By March 1st, 2000, the Walnut Village Specific Plan had undergone 11 amendments and has shifted its focus towards the development of a variety of housing product types, commercial units, and parks. With new growth demands being the result of regional housing planning, there is a lot of identified development potential in the City of Fontana. Thus, due to the large areas of vacant land 63 Walnut Village Specific Plan Chapter 2-3
Project Area Environs
in it, Walnut Village has been identified as one of the areas suitable to receive some of that opportunity.

2.3 Project Area Description
The Walnut Village Specific Plan area is located amongst a mixture of single-family, multifamily, general commercial, and open space uses, as shown in Exhibit 2-2: Walnut Village Specific Plan Area Boundaries below. The area is also positioned below the 210 freeway.

The planning area is bounded:
 To the north by the 210 freeway;
 To the east by the City of Rialto’s industrial uses and Palmetto Avenue;  To the south by residential, open space, and general commercial; and Baseline Avenue; and
 To the west by single-family uses along the Sierra Avenue corridor. 64 Walnut Village Specific Plan Chapter 2-4
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Exhibit 2-2: Walnut Village Specific Plan Area Boundaries 65 Walnut Village Specific Plan Chapter 2-5
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2.4 Existing Land Use
The Walnut Village Specific Plan area has General Plan land use designations of Residential Planned Community (R-PC), Community Commercial (C-C), Recreational Facilities (P-R), Medium Density Residential (R-M), and Public Facilities (P-PF) The following definitions from the Fontana Municipal Code provides the intended use of the largest area designation of Residential Planned Community (R-PC). Exhibit 2-3: Existing Land Use Designation shows an overview of both the Specific Plan and its corresponding land use designations.

The adopted Walnut Village Specific Plan describes the following land uses:

Sweet Gum: This section in the southwest corner of the Specific Plan area has been designated single family residential. This land use choice was a direct result of the irregular parcel sizes and ownership patterns. A street pattern was developed to accommodate this development constraint.

Carrotwood: Carrotwood consists of standard single family residential development.

With the possibility of being a conventional detached project, this area also enjoys the amenities of the special entryways, greenbelts, parks and unique commercial atmosphere (village center) of the specific plan.

Walnut Grove: This is the low-medium density area of the plan. This area is used as a buffer between the lower density residential and the activity of the higher density residential and commercial center of the plan.

Sycamore- North and South: Medium density residential is provided in Sycamore North and south. These 2 areas of higher density are located at entrance points to the plan, allowing for easy access and the need for less buffering to the rest of the project.

Ironbark: Ironbark consists of medium density residential. It is located at the Walnut entrance of the plan.

Aragon West: Aragon West consists of multifamily residential located at the southwest corner of Mango and South Highland Avenue.

The Corner: The Corner includes land that is designated as a Community Commercial Center. This area provides retail and specialty uses for North Fontana. It is located at Sierra and Highland Avenues and serves the customers generated from the expansion of the Foothill Freeway.

The Plaza: Located northwest of the Walnut Village Traffic Plaza, this area has been set aside to provide convenience commercial which serves the project residents, as well as providing limited job opportunities within the Walnut Village area. The center is reversed in nature with a greenbelt to the street side and landscape parking areas to the rear with 66 Walnut Village Specific Plan Chapter 2-6
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adequate buffering between the center and the adjoining residential uses. Access is provided between these two areas. Signs are restricted to maintain the residential character of the area.

Community Center: The Community Center is located on the southwest side of the Walnut Village Traffic Plaza. This area has been set aside as a mixed-use area. The Community Center is designed to serve the project residents, as well as providing limited job opportunities within the Specific Plan area.
67 Walnut Village Specific Plan Chapter 2-7
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Exhibit 2-3: Existing Land Use
68 Walnut Village Specific Plan Chapter 2-8
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2.5 Existing Circulation, Infrastructure, and Utilities

2.5.1. Roadways
The Specific Plan area is served by several roadways that provide access to and from the planning area. The Community Mobility and Circulation Section of the Specific Plan identifies different roadway classifications for the streets within the city, each with varying sizes, composition, and purposes. Table 2-1: Planning Area Roadway Classifications provides a summary of each roadway classification as well as prominent streets within or adjacent to the project area that fall into each classification. Descriptions provided in Table 2-1 are summaries of adopted policy for General Plan Roadway Classification, as described in the Fontana General Plan.
69 Walnut Village Specific Plan Chapter 2-9
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Exhibit 2-4: Existing Roadways shows the existing roadway structures in and around the planning area. The exhibit also shows the classification for each of the major roadways that provide access to the site and the local internal roadways network.

Table 2-1: Planning Area Roadway Classifications
Classification Description1
Streets
within
Planning
Area
Major
Highway
Major highways will have up to 6 lanes in most
situations. Where Major Highways cross Freeways it
may be necessary to increase capacity to 8 lanes.

These streets typically have raised medians or twoway left turn lanes. These facilities can carry high volumes of traffic. The majority of the Major Highway
network in the City has already been improved.

Sidewalks and bike lanes should be added whenever
possible and bus bays should be installed as
turnouts. New development should incorporate
Complete Street components as outline in the Active
Transportation.
 Foothill Freeway
(Interstate 210)
 Baseline Avenue
 Sierra Avenue
Primary
and
Secondary
Highway
These roadways will have up to 4 travel lanes.

Primary Highways typically connect Major Highways
and often have raised medians or two way left turn
lanes. Secondary Highways also have up to 4 lanes
of travel and are typically used to carry traffic along the perimeters of large developments. Because
traffic volumes are not as high as compared to Major
Highways, these wide roads are ideal for Complete
Street concepts.
 South Highland
Avenue
Collectors
These roadways can accommodate 2 or 4 lanes of
traffic. They are typically used to take traffic from
neighborhoods to Primary and Secondary Roads.

Collector Roads are also used in industrial areas to
funnel trucks from their point of services to the
Truck Route Network. Whether connecting
residents to Primary Roads or trucks to Truck
Routes, collector streets are ideal candidates for
Complete Street concepts. Where possible,
physical buffers such as landscaped parkways or
solid dividers should be used to separate vehicular
traffic from bicycles and pedestrians.
 Palmetto Avenue
 Mango Avenue
 Walnut Village
Parkway
Local
Streets
These are 2 lane roads in large part serving
residential neighborhoods. In addition to Complete
Street concepts, traffic calming measures should be
incorporated whenever possible. Local streets
should consider automobile parking curb adjacent
with bike lanes striped along the roadside of the
parking area.
 All other streets in the
area
1 Description of roadway classifications do not include turn lanes that may require further analysis.

Source: Fontana General Plan - Community Mobility and Circulation Element 70 Walnut Village Specific Plan Chapter 2-10
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Primary access to the project site is off South Highland Avenue to the north, Palmetto Avenue to the east, Baseline Avenue to the south, and Sierra Avenue to the west. Mango Avenue is a primary local street that crosses through the site to the north but provides limited access due to the physical barrier created by the I-210 freeway. Walnut Street is a local street that has access into the project site. However, this street does not pass through as the project site is limited by a barrier of cul-de-sacs in the project site. Access to the site is provided by South Highland Avenue, Walnut Street, and Mango Avenue.

Mango Avenue is a primary local street within the planning area and bisects the planning area from South Highland Avenue to Baseline Avenue through the project site to the south.
71 Walnut Village Specific Plan Chapter 2-11
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Exhibit 2-4: Existing Roadways
72 Walnut Village Specific Plan Chapter 2-12
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2.5.2. Public Transit
OmniTrans bus lines are currently the only form of public transit in and around the planning area. Three OmniTrans bus lines (10, 67, 82) run adjacent to the Specific Plan area, with no lines running through the area. One of those lines, the 10, runs to the Fontana Metrolink Transit Center from Monday to Friday from 7:00am to 7:00pm. The Fontana Metrolink Transit Center is located directly south of the Specific Plan area near Sierra Avenue. Omnitrans bus lines run adjacent to the Specific Plan area along the following streets:
 OmniTrans Line 10 runs east/west along Baseline Avenue and north up Sierra Avenue;
 OmniTrans Line 67 runs north/south along Sierra Avenue and west along Walnut Street; and;
 OmniTrans Line 82 runs north/south along Sierra Avenue.

Exhibit 2-5: Existing Public Transit, illustrates the existing OmniTrans bus lines and stop locations.
73 Walnut Village Specific Plan Chapter 2-13
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Exhibit 2-5: Existing Public Transit
74 Walnut Village Specific Plan Chapter 2-14
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2.5.3. Bicycle Facilities
Bicycle facilities are located along Sierra Avenue, along the western boundary of the Specific Plan area. On November 14th, 2017, the City of Fontana’s City Council adopted its Active Transportation Plan (ATP), which identified the following Planned Bicycle Facility in and around the Specific Plan area:
 Bike Lane (Class II) on Sierra Avenue west of Walnut Village.

Exhibit 2-6: Existing Bicycle Facilities identifies the existing and planned bicycle facilities associated with the Walnut Village Specific Plan area.
75 Walnut Village Specific Plan Chapter 2-15
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Exhibit 2-6: Existing Bicycle Facilities
76 Walnut Village Specific Plan Chapter 2-16
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2.6 Concurrent Studies and Development Activity
Walnut Village area has several concurrent development projects in the application stages or under construction. The following projects are in various stages of planning or construction:
 Mango and South Highland Town Homes: This project is planned to develop 107 new residential community town homes on the northwestern section of the Specific Plan areas. Other amenities included a tot lot and various other open space areas. Majority of the area consists of single-family residential units, with this being one of the first higher density development in the Walnut Village Residential area.
 Walnut Village Senior Housing: This project was proposed as a three-story, approximately 93-unit senior citizen dwelling units along with an 8,000 sq. ft. amenity facility building. The building will have activities and resources that will support and enhance the experiences of seniors living in the area.
 Fontana Garden Senior Apartments: Gardens at Sierra is part of a four-property senior community aimed to help revitalize downtown Fontana. These units offer seniors, aged 55 years and older, highquality one- and two-bedroom apartment homes at affordable prices.  Sierra Ave 12 Condominiums: This project was proposed as a 12- unit of 2 story condominium residences with attached 2-car parking garage. The project is proposed to be located in Gateway Residential 4 Sub-District, Sierra Avenue Corridor, off of Sierra Avenue. Other amenities include open space areas, BBQ area, and a private yard.

2.7 Specific Plan Area Opportunities and
Constraints
The Specific Plan area is adjacent to the I-210 freeway Baseline Avenue and Sierra Avenue. Two Major Streets classifications connect the area to the east/west and north/south of Fontana, providing a high level of accessibility. In-progress and future development opportunities in the Specific Plan area have the potential to change Walnut Village, as well as the surrounding areas. In the early planning stages for this Specific Plan, on-site (located within the planning area) and environs (located adjacent to the planning area) opportunities were identified and researched to determine their impact on future land uses, circulation, and development of the area, as shown in Exhibit 2-7:

Specific Plan Area Opportunities below. Those opportunities are organized into the following categories:

Specific Plan Area Opportunities
 Higher-density development opportunities in the northwest, southwest, and southeast areas of the Specific Plan; and 77 Walnut Village Specific Plan Chapter 2-17
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 Commercial developments to support influx of new potential residents.

Specific Plan Environs Opportunities
 Job opportunities at the adjacent logistics centers in Rialto;  Access to the I-210 Freeway;
 Roadway expansions on adjacent streets; and
 Development opportunities in surrounding areas.

Additionally, constraints and other factors were evaluated for their influence on growth and development activities within the Specific Plan area, as shown in Exhibit 2-8: Specific Plan Area Constraints below. Specific Plan area constraints are organized into the following categories:

Specific Plan Area Constraints
 Existing physical barriers to ingress/egress on Palmetto Avenue;  Predominance of single-family residential character; and  Irregularly shaped parcels may restrict the development potential or parcel consolidation opportunities.

Specific Plan Environs Constraints
 Lack of existing public transit options; and
 limited access from east of Specific Plan Area.
 Adjacent to logistics center, which may create traffic, noise and other environmental impacts.
78 Walnut Village Specific Plan Chapter 2-18
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Exhibit 2-7: Specific Plan Area Opportunities
79 Walnut Village Specific Plan Chapter 2-19
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Exhibit 2-8: Specific Plan Area Constraints
80 Walnut Village Specific Plan Chapter 3-0
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Chapter Three
Specific Plan Policy Context
81 Walnut Village Specific Plan Chapter 3-1
Specific Plan Policy Context
Chapter 3.0: Specific Plan Policy Context

3.1 The Planning Process
Community outreach and public input are a vital part of the planning process. The key community outreach findings, the policy context of the City’s General Plan and other relevant policy documents form the foundation of the Specific Plan update. The needs and challenges described herein drives many of the guiding principles that the policies and programs respond to, and strongly influences the discretion and focus of the Specific Plan.

3.1.1. Community Outreach and Public Input
The City of Fontana sought input from residents and stakeholders through various community outreach and public participation activities throughout the development of the Walnut Village Specific Plan. The City conducted the following community outreach activities:

3.1.2. Community Workshops and Scoping Meeting:

Establishing the Vision for Walnut Village
82 Walnut Village Specific Plan Chapter 3-2
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The City of Fontana held two community workshops for the Walnut Village Specific Plan on May 24th and June 1st, 2023, respectively. The meetings occurred at 5:00pm to 7:00pm via Microsoft Teams online software. Approximately 20 community members attended the workshops. The primary purpose of the community workshops was to provide information to the public on:
 The project area;
 The anticipated timeline for the Specific Plan planning process;  Explanation of a Specific Plan and its impact towards development in the community; and
 Opportunities available for the community to participate and provide feedback throughout this effort.

3.1.3. Planning Commission and City Council Public Hearings On February 28, 2023, the City held an in-person study session for the City Council and Planning Commission. The purpose of the study session was to inform City Council and Planning Commission in-depth information and insight related to the Fontana Walnut Village Specific Plan. The study session also provided any new updates to the project.

City Council and Planning Commission provided comments guidance and asked clarifying questions related to the Specific Plan. Members of both the Council and Commission expressed interest in seeing more prominent open space features in the updated plan.

WALNUT

VILLAGE

SPECIFIC
PLAN
City Council Study Session FontaFebruary 28, 2023
na
83 Walnut Village Specific Plan Chapter 3-3
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3.1.4. Key Community Outreach Findings
The following section summarizes key findings identified by participants during community outreach activities. The key findings provided herein represent the comments received from the public.

Key Challenges
 Existing Infrastructure
Capacity
 Pedestrian Safety
 Housing Preservation
 Quality of Open Space areas
 Cleanup of the Specific Plan
Area
 Traffic and Circulation
Key Values
 Sense of Community
 Open Space
 Surplus of Vacant Land
 Proximity Near Freeway
 Accessibility to Region
 Proximity to Commercial
Uses
84 Walnut Village Specific Plan Chapter 3-4
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3.2 Key Planning Factors
Based upon input gathered, multiple planning factors have been identified by the community and stakeholders that influence the development and implementation of the Walnut Village Specific Plan. These planning factors consider those challenges, opportunities, constraints, and attributes identified within the Specific Plan area. The following factors form the policy foundation of the Specific Plan and have been identified through input received from the community, city staff, stakeholders, and other observations and analysis.

Planning Factor: Enhanced Connectivity
Most streets within the Specific Plan area are auto-oriented. However, opportunities for expanded multi-modal transportation options exist. Since Walnut Village is situated next to two major roadways, enhanced connectivity is a strongly encouraged. Future transportation infrastructure improvements for bicycles, pedestrians, and public transit should balance the needs of all transportation users.

Planning Factor: High Quality and Well-Balanced Community Underutilized or vacant land within the Specific Plan area provides an opportunity for a variety of uses. The provision of residential and commercial uses aims to enhance pedestrian safety and provide infrastructure needs that are mentioned in the key community challenges. Additionally, the Specific Plan aims to promote various transportation methods such as bicycle paths and pedestrian access that can achieve the goal of a well-balanced community.

Planning Factor: Economic Development Opportunities
Vacant and underutilized parcels within the Specific Plan area provide significant potential for economic development and redevelopment of parcels with new uses or enhancement of existing uses. Economic and market analysis indicate the plan area is located near the primary generator of jobs citywide and can be considered the central economic engine for the city.

Planning Factor: Connected Circulation with Public Transit The circulation design within the Specific Plan area contains two-lane residential streets and cul-de-sacs. The streets are predominantly car-oriented and do not have easy access to public transit stations adjacent to the Specific Plan area. Improved ingress and egress pathways to access points can promote better connectivity. Future improvements should consider access alternatives to public transit stations near the Specific Plan area. 85 Walnut Village Specific Plan Chapter 3-5
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Planning Factor: Promotion and Preservation of the Community and its Heritage
Since there is an existing community in the Specific Plan area, set with their own culture and established heritage, this plan should not result in the destruction or dissolution of this community. Investment in a renewed streetscape environment and future development should encourage an image that creates a distinct identity for the project area while preserving and complementing the community’s existing resources. Future improvements should encourage a positive identity, support building preservation where appropriate, and serve as a catalyst for private investment.

Planning Factor: Infrastructure Availability
The infrastructure system within the Specific Plan area must be adequate to support future development. Therefore, land use buildout assumptions must consider the need for corresponding infrastructure and identified future improvements.

Planning Factor: Streetscape Environment
There are significant opportunities to improve the aesthetics and streetscape environment within the Specific Plan area. Improvements may include, but are not limited to, signage, street furniture, more compatible building location and massing, medians, landscaping, foliage, tree canopy, pavement treatments, lighting, and public art. Future development should consider streetscape methods that act as a buffer against the adjacent industrial use and freeway that further mitigates potential public health impacts.

Planning Factor: Adjacent Residential Neighborhood Compatibility The Specific Plan area includes existing single-family and multi-family neighborhoods.

Access from these neighborhoods to new development will greatly enhance the ability of residents to patronize future uses. Future uses should be compatible with and complement these existing residential neighborhoods and minimize potential negative impacts.

Planning Factor: Open Space Component
Open space such as parks, greenbelts, and riverfronts have multiple utilitarian and intrinsic values, including stormwater management, air quality improvement, urban heat island reduction, recreation opportunities, and biodiversity. The development of residential and commercial uses necessitates the provision of open space to improve and maintain the public health of residents within and beyond the Specific Plan area. 86 Walnut Village Specific Plan Chapter 3-6
Specific Plan Policy Context

3.3 Specific Plan Guiding Principles
The following guiding principles provide the foundation for the Walnut Village Specific Plan and Land Use Development Regulations of the Specific Plan. These guiding principles serve as benchmarks for the analysis of future development proposals and design concepts to determine if they are consistent with the spirit and intent of this Specific Plan.

Guiding Principle #1 – Enhance streetscape, landscape, and public amenities throughout the Walnut Village Specific Plan area.

Guiding Principle #2 – Establish balanced, flexible, and diverse land uses that support economic development and additional housing opportunities.

Guiding Principle #3 – Improve visual and functional connections and linkages between open spaces, commercial/retail areas, residential neighborhoods, and transportation nodes within and around the Specific Plan area.

Guiding Principle #4 – Improve pedestrian and bicycle accessibility and vehicular circulation to minimize potential conflicts between different transportation users throughout the Specific Plan area.

Guiding Principle #5 – Preserve and enhance existing community resources, including established buildings, neighborhoods, and open space to promote their roles as important community attractions and gathering places.

Guiding Principle #6 – Encourage future development with a distinct character and identity for the Specific Plan area.

Guiding Principle #7 – Explore multi-modal connections to other parts of the City through the proposed Active Transportation Plan (ATP), which combines bicycle with pedestrian circulation infrastructure on a citywide basis to provide an ultimate citywide blueprint for future active transportation opportunities as an alternative travel mode.

Guiding Principle #8 – Encourage future development to provide an open space component, particularly in mixed-use developments that occur. 87 Walnut Village Specific Plan Chapter 3-7
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3.4 Specific Plan Policies
The following policies provide statements to support the vision of the community that is formed through the community outreach activities. The policies serve as the benchmark for the alignment of future project proposals and design concepts with the goals and intent of the Specific Plan.

Land Use Policies
LU-1: Establish land use districts that provide for a complementary mix of land uses, while preserving established residential neighborhoods and resources.

LU-2: Coordinate land use planning with infrastructure and transportation planning.

LU-3: Establish land use regulations that support increased pedestrian and bicycle activity and transit usage.

LU-4: Provide specific requirements that enhance public amenities for new development, rehabilitation, and redevelopment.

LU-5: Encourage development that will create a vibrant and dynamic area that is considered an attractive and distinctive amenity to the City.

LU-6: Refine allowable land uses within the area to encourage the desired development pattern envisioned by the Specific Plan.

LU-7: Reduce and mitigate the impacts of incompatible land uses, where feasible, using buffers and other design techniques.

Circulation Policies
CN-1: Integrate existing and future roadway and transportation facilities into any improvements identified in the Specific Plan.

CN-2: Create and enhance bicycle and pedestrian connections between key community amenities and activity centers.

CN-3: Improve and enhance multimodal circulation and connections that are pedestrianfriendly in conjunction with future development. Large, expansive parking lots should be discouraged or prohibited to further encourage transit supportive development.

CN-4: Support improvements to public transportation infrastructure, including bus transit.

CN-5: Require bicycle parking at key locations, such as employment centers, parks, transit, schools, residential areas, and commercial centers. 88 Walnut Village Specific Plan Chapter 3-8
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Urban Design Policies
UD-1: Establish a streetscape program using landscaping, signage, street furniture, entry statements, and other visual amenities that are compatible with the character of the City of Fontana to achieve a distinct community identity.

UD-2: Encourage a “sense of place” within the Specific Plan area through quality site design, architectural design, a well-defined high-quality open space network, signage, and public improvements through future development.

UD-3: Identify ways to improve and enhance linkages and connections between new development in the Specific Plan and existing neighborhoods.

UD-4: Develop design guidelines that encourage optimal building configuration and design, parking strategies, signage, pedestrian amenities, landscaping, and appropriate, timeless architectural styles.

UD-5: Encourage “Livable Corridor” design on vacant parcels along Sierra and Baseline Avenue.

Infrastructure Policies
IN-1: Ensure infrastructure capacity within the Walnut Village Specific Plan area meets demands from future development.

IN-2: Encourage creative, environmentally sensitive solutions to infrastructure improvements.

IN-3: Promote sustainability by implementing energy saving enhancements to current and future developments where feasible.

IN-4: Encourage climate resilience through adding drought-tolerant plant species in projects.

IN-5: Meet state energy-efficiency goals for new construction.

IN-6: Continue organizational and operational improvements to maximize energy and resource efficiency.

Implementation and Administration Policies
IMP-1: Establish a streamlined discretionary review procedure to minimize uncertainty in the project approval process.

IMP-2: Prepare a comprehensive public and private infrastructure financing plan for improvements, construction, and installation of public infrastructure facilities. 89 Walnut Village Specific Plan Chapter 3-9
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IMP-3: Adopt a program-level Environmental Impact Report (EIR) to facilitate and provide the basis for the environmental clearance for subsequent development projects within the Specific Plan project area.

IMP-4: Identify local, state, and federal grant opportunities that can provide businesses with assistance and training.

IMP-5: Prepare and implement a comprehensive marketing strategy for the Walnut Village Specific Plan area.

3.5 Fontana General Plan Policies
The Walnut Village Specific Plan is consistent with the City of Fontana’s Forward Fontana 2035 General Plan, adopted by the City of Fontana on November 13th, 2018. The General Plan identifies issues confronting the community and outlines long-term goals with policies and programs to accomplish the goals of the plan. The Specific Plan will further the objectives and policies of the General Plan. The Specific Plan further encourages project designs that promote mixed use, economic development, and promote a vibrant, multimodal community around the Walnut Village area.

3.6 San Bernardino County Transportation Authority
Policy Documents
The Walnut Village Specific Plan considers and integrates the following San Bernardino County Transportation Authority policy documents:

Long Range Multimodal Transportation Plan (2015) – The Long-Range Multimodal Transportation Plan (LRMTP) is a comprehensive, multimodal transportation vision for the County. The plan will incorporate strategies for improving access, safety, connectivity, and sustainability for bus and rail riders, auto and truck drivers, bicyclists, and pedestrians from now through 2045/2050. The overall objective of the LRMTP is to ensure the safe and efficient management, operation, and development of a regional multimodal transportation system. When linked with appropriate land use planning, the transportation system will efficiently serve the mobility needs of San Bernardino County residents, businesses, and visitors with robust connectivity to the regional system. The Specific Plan will enhance the County’s visions for the area by incorporating similar policies that achieve similar goals outlined in the County’s General Plan.

Inland Empire Comprehensive Multimodal Corridor Plan (2022) – The Inland Empire Comprehensive Multimodal Corridor Plan (IECMCP) contains goals, objectives, and performance measures aimed at reducing congestion in highly traveled corridors. This can be achieved by providing more transportation choices for residents, commuters, and visitors to the area while preserving the character of the community and creating 90 Walnut Village Specific Plan Chapter 3-10
Specific Plan Policy Context
opportunities for neighborhood enhancement projects. The IECMCP presents multimodal strategies from the Victor Valley to Temecula and from Banning to the Los Angeles and Orange County lines. The Specific Plan will enhance the County’s visions for the area by incorporating similar policies that achieve similar goals outlined in the County General Plan.

Non-Motorized Transportation Plan (2018) – The Non-Motorized Transportation Plan (NMTP) was a collaborative effort among San Bernardino Association of Governments (SANBAG) and local jurisdictions within San Bernardino County to implement the transportation vision of the area, focusing on bicycle infrastructure. The NMTP identifies facility priorities and funding opportunities that will enable local jurisdictions to create an attractive and usable infrastructure. The Specific Plan will enhance the County’s visions for the area by incorporating similar policies that achieve similar goals outlined in the San Bernadino County General Plan.
91 Chapter Four
Development Plan
92 Walnut Village Specific Plan 4-1
Development Plan
Chapter 4.0: Development Plan

4.1 Introduction
This section of the Specific Plan provides an overview of the community structure and development that implements the General Plan. The development plan includes a summary of land uses, parks and recreation areas, circulation, public facilities, and community services elements that make up the Specific Plan area. The development plan aims to clarify regulations for existing development in addition to future development on approximately 53 acres of remaining vacant or underutilized lands within the Specific Plan area. The intent of this document is to update the existing Walnut Village Specific Plan and seek approvals to implement the 2023 Walnut Village Specific Plan.

4.2 Land Use Plan

4.2.1 Land Use Plan & Summary
The Land Use Plan focuses on the development of vacant or underutilized areas within four areas of the Specific Plan area. Exhibit 4-1: Walnut Village Specific Plan Sub-Districts displays eight sub-districts, four of which contains parcels that are nearly built out and four of which are mainly vacant undeveloped parcels. This includes parcels on the corner of South Highland Avenue and Sierra Avenue (“Gateway North Sub-District”), a small strip of four underutilized parcels along the Sierra Avenue Corridor (“Gateway Residential 4 Sub-District”), a large group of vacant and underutilized parcels on the corner of Sierra Avenue and Baseline Avenue (“Gateway South Sub-District”), and another smaller group of vacant and underutilized parcels on the corner of Baseline Avenue and Palmetto Avenue (“Gateway East Sub-District”). The Specific Plan area encompasses approximately 327 acres (including rights-of-way) with approximately 53 acres of vacant or underutilized land that is developable or can be redeveloped. Table 4-1: Walnut Village Specific Plan Land Use Summary provides a summary of the land use sub-districts that make up the Specific Plan area.
93 Walnut Village Specific Plan 4-2
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Table 4-1: Walnut Village Specific Plan Land Use Summary Specific Plan
Sub- District
Acres
(ac) Primary Uses Density (du/ac)
Maximum
Intensity (Floor
Area Ratio – FAR)
Gateway North -
(GN) 6.03 ac Mixed Use, HighDensity Residential 24.1 to 39 du/ac 0.5 – 2.0 FAR Gateway Residential
4 - (GR4) 4.15 ac Residential 9 to 15 du/ac N/A
Gateway South -
(GS) 37.10 ac
Mixed Use,
Commercial, HighDensity
Residential

39.1 to 50 du/ac 0.5 – 3.0 FAR
Gateway East - (GE) 5.28 ac
Mixed Use,
Neighborhood
Commercial,
Residential
12 to 24 du/ac Up to 1.0 FAR
Gateway Residential
1 (GR-1)
107.48
ac
Residential;
Recreation; QuasiPublicUp to 4.5 du/ac N/A
Gateway Residential
2 (GR-2) 56.02 ac Residential Up to 4.5 du/ac N/A
Gateway Residential
3 (GR-3) 6.45 ac Residential Up to 4.5 du/ac N/A
Gateway
Commercial (GC) 1.92 ac Commercial N/A Up to 0.5 FAR
Highland Village
(HV) 11.01 ac Commercial N/A N/A
94 Walnut Village Specific Plan 4-3
Development Plan
Exhibit 4-1: Walnut Village Specific Plan Sub-Districts HV
HV Highland Village
95 Walnut Village Specific Plan 4-4
Development Plan

4.2.2 Gateway North Sub-District
The intent of the Gateway North sub-district is to create and promote a mixed-use (commercial and residential) district that is complimentary to adjacent commercial and residential land uses.
96 Walnut Village Specific Plan 4-5
Development Plan
Exhibit 4-2: Gateway North Sub-District
97 Walnut Village Specific Plan 4-6
Development Plan

4.2.3 Gateway Residential 4 Sub-District
The intent of the Gateway Residential 4 sub-district is to encourage quality and diverse residential opportunities along the Sierra Avenue Corridor. The sub-district seeks to complement existing single-family uses by integrating existing uses such as new singleand multi-family residences. 98 Walnut Village Specific Plan 4-7
Development Plan
Exhibit 4-3: Gateway Residential 4 Sub-District
99 Walnut Village Specific Plan 4-8
Development Plan

4.2.4 Gateway South Sub-District
The intent of the Gateway South sub-district is to promote the development of a mix of complementary uses, including commercial, office, and higher density residential uses.

The area is intended to establish a mixed use, pedestrian-oriented community through the establishment of higher density residential, and pedestrian-friendly street improvements.
100
Walnut Village Specific Plan 4-9
Development Plan
Exhibit 4-4: Gateway South Sub-District
101
Walnut Village Specific Plan 4-10
Development Plan

4.2.5 Gateway East Sub-District
The intent of the Gateway East sub-district is to promote limited commercial retail and a variety of medium to high density residential opportunities. As an eastern gateway and primary corridor of the City of Fontana, it is intended to serve as a node for mixed uses with a focus on locally-serving commercial retail and medium- to high-density residential opportunities.
102
Walnut Village Specific Plan 4-11
Development Plan
Exhibit 4-5: Gateway East Sub-District
103
Walnut Village Specific Plan 4-12
Development Plan

4.2.6 Gateway Residential 1 Sub-District
This sub-district was previously developed with single-family dwellings. The intent for this sub-district is to preserve the existing housing stock in the area, and to complement the new development and activities in the vacant and underutilized portions of the Specific Plan area.
104
Walnut Village Specific Plan 4-13
Development Plan
Figure 4-6: Gateway Residential 1 Sub-District
105
Walnut Village Specific Plan 4-14
Development Plan

4.2.7 Gateway Residential 2 Sub-District
This sub-district was previously developed with single-family dwellings. The intent of this sub-district is to preserve the existing housing stock in the area, and to complement new development and activities in adjacent areas of the Specific Plan. 106
Walnut Village Specific Plan 4-15
Development Plan
Figure 4-7: Gateway Residential 2 Sub-District
107
Walnut Village Specific Plan 4-16
Development Plan

4.2.7 Gateway Residential 3 Sub-District
This sub-district is developed with a multi-family residential development. The intent of this district is to serve as a buffer between existing commercial and residential land uses. 108
Walnut Village Specific Plan 4-17
Development Plan
Figure 4-8: Gateway Residential 3 Sub-District
109
Walnut Village Specific Plan 4-18
Development Plan

4.2.8 Gateway Commercial Sub-District
This sub-district was previously developed with a retail center serving the surrounding Walnut Village community. This sub-district provides convenience commercial use which serves the Specific Plan areas residents, as well as providing limited job opportunities within the Walnut Village area.
110
Walnut Village Specific Plan 4-19
Development Plan
Figure 4-9: Gateway Commercial Sub-District
Figure 4-9: Gateway Commercial Sub-District
111
Walnut Village Specific Plan 4-20
Development Plan
112
Walnut Village Specific Plan 4-21
Development Plan
J. Highland Village Sub-District. Figure 4-10: Highland Village Sub-District shows the sub-district between South Highland Avenue and the 210 Freeway. This sub-district provides a range of commercial uses, including retail, restaurants and service-based businesses serving residents in the area as well as passersby via the 210 Freeway. 113
Walnut Village Specific Plan 4-22
Development Plan
Highland Village
HV
HV
Figure 4-10: Highland Village Sub-District
114
Walnut Village Specific Plan 4-23
Development Plan

4.3 Circulation Plan
The Circulation Plan describes the general layout of roadways, ingress and egress, and multimodal transportation infrastructure within and surrounding the Specific Plan area.

The circulation plan provides for the mitigation of potentially significant impacts associated with the Land Use Plan. Future development facilitated by the Walnut Village Specific Plan would be subject to discretionary permits and requires compliance with all applicable City policies and requirements in the Fontana General Plan and Municipal Code. This includes policies and regulations required to improve the transportation system, as applicable, and improve public access and safety for people who walk and bike. Further, future development within the Walnut Village Specific Plan would be required to adhere to all state requirements for consistency with transportation plans. As a result, future development facilitated by the Walnut Village Specific Plan would not conflict with an adopted program, plan, ordinance, or policy that addresses the circulation system, including transit, roadway, bicycle, and pedestrian facilities.

Therefore, impacts would be less than significant, and no mitigation is required.

The Specific Plan area is served by a number of roadways that provide access to and from the planning area. The Community Mobility and Circulation section of the Fontana General Plan identifies different roadway classifications for the streets within the city, each with varying sizes, composition, and purposes. Table 4-2: Planning Area Roadway Classification provides a summary of each roadway classification as well as prominent streets within or adjacent to the project area that fall into each classification. 115
Walnut Village Specific Plan 4-24
Development Plan
Table 2-1: Planning Area Roadway Classifications
Classification Description1
Streets
within
Planning
Area
Major
Highway
Major highways will have up to 6 lanes in most
situations. Where Major Highways cross Freeways,
it may be necessary to increase capacity to 8 lanes.

These streets typically have raised medians or twoway left turn lanes. These facilities can carry high volumes of traffic. The majority of the Major Highway
network in the City has already been improved.

Sidewalks and bike lanes should be added whenever
possible and bus bays should be installed as
turnouts. New development should incorporate
Complete Street components as outline in the Active
Transportation.
 Foothill Freeway
(Interstate 210)
 Baseline Avenue
 Sierra Avenue
Primary
and
Secondary
Highway
These roadways will have up to 4 travel lanes.

Primary Highways typically connect Major Highways
and often have raised medians or two way left turn
lanes. Secondary Highways also have up to 4 lanes
of travel and are typically used to carry traffic along the perimeters of large developments. Because
traffic volumes are not as high as compared to Major
Highways, these wide roads are ideal for Complete
Street concepts.
 South Highland
Avenue
Collectors
These roadways can accommodate 2 or 4 lanes of
traffic. They are typically used to take traffic from
neighborhoods to Primary and Secondary Roads.

Collector Roads are also used in industrial areas to
funnel trucks from their point of services to the
Truck Route Network. Whether connecting
residents to Primary Roads or trucks to Truck
Routes, collector streets are ideal candidates for
Complete Street concepts. Where possible,
physical buffers such as landscaped parkways or
solid dividers should be used to separate vehicular
traffic from bicycles and pedestrians.
 Palmetto Avenue
 Mango Avenue
 Walnut Village
Parkway
Local
Streets
These are 2 lane roads in large part serving
residential neighborhoods. In addition to Complete
Street concepts, traffic calming measures should be
incorporated whenever possible. Local streets
should consider automobile parking curb adjacent
with bike lanes striped along the roadside of the
parking area.
 All other streets in the
area
1 Description of roadway classifications do not include turn lanes that may require further analysis.

Source: Fontana General Plan - Community Mobility and Circulation Element 116
Walnut Village Specific Plan 4-25
Development Plan
Exhibit 4-10: Existing Roadways shows the existing roadway structure in and around the planning area. The exhibit also shows the classification for each of the major roadways that provide access to the site and the local internal roadway network.

Primary access to the Specific Plan area is provided by Sierra Avenue to the west, Baseline Avenue to the south and South Highland to the north. Surrounding areas consist of an industrial park located east of the Specific Plan area in Rialto. Due to the industrial park and local streets that end in cul-de-sacs in the eastern Specific Plan area, access to this portion of the site is limited.

A Vehicle Miles Travelled (VMT) analysis was conducted as part of this Specific Plan.

The analysis concluded that the highest number of trips generated originated from the Gateway South sub-district. Sierra Avenue and Baseline Avenue are a designated Primary and Secondary Highways.

The permitted uses, including residential, commercial, and retail uses along Baseline Avenue, have sufficient capacity to meet the demand of future development in the Specific Plan area.
117
Walnut Village Specific Plan 4-26
Development Plan
Exhibit 4-10: Existing Roadways
118
Walnut Village Specific Plan 4-27
Development Plan

4.3.1 Public Transit
Omnitrans bus lines provide the primary public transit serving the Specific Plan area.

Three Omnitrans bus lines (Routes 10, 67, and 82) run adjacent to the Specific Plan area.

There are no bus lines running directly through the Specific Plan area. Existing bus lines make stops predominantly on Sierra and Baseline Avenue from Monday to Friday.

Omnitrans bus lines run adjacent to the Specific Plan area along the following streets:
 Omnitrans Line 10 runs east to west along Baseline Avenue and north/south along Sierra Avenue;
 Omnitrans Line 67 runs north/south along Sierra Avenue and west from Walnut Village Parkway to Walnut Street, which continues from there; and  Omnitrans Line 82 runs north/south along Sierra Avenue.

Exhibit 4-11: Existing Public Transit illustrates the existing Omnitrans bus lines and stop locations. While there are currently additional public transit services planned, the Specific Plan will not hinder the opportunities for new Omnitrans bus lines and stops in the future. 119
Walnut Village Specific Plan 4-28
Development Plan
Exhibit 4-11: Existing Public Transit
120
Walnut Village Specific Plan 4-29
Development Plan

4.3.2 Bicycle Facilities
There are four types of facilities or lanes when considering bicycle transportation design:
 Class I (Bike Path): Corridors, multiuse trails, or pathways exclusively designated for non-motorized recreation and are not shared with vehicles. Bike paths are most commonly seen along rivers, ocean fronts, canals, utility rights-of-way, abandoned railroad rights-of-way, school campuses, within or between parks, and more.  Class II (Bike Lane): Lanes along streets and corridors that are delineated (marked on pavement) rights-of-way separating vehicular traffic and bicycle traffic.

Bike lanes are provided where there is often lack of sufficient side-by-side space between motorists and cyclists, and is achieved by reducing the number of lanes, reducing lane width, or reconfiguring street parking.
 Class III (Bike Route): A shared facility or lane which can provide continuity between other facilities such as Class II bicycle lanes, or designated routes through high demand corridors. Bike routes are often shared with motor vehicles but are typically well-maintained to encourage safety and other cyclist needs.  Class IV (Separated Bikeways): A right-of-way that is exclusively reserved for cyclists and typically includes a physical boundary between motorized vehicles such as bollards or a continuous raised median.

Exhibit 4-12: Existing and Planned Bicycle Facilities identifies the existing and planned bicycle facilities within and adjacent to the Specific Plan area. A Class II bicycle facility exists along the western border of the Specific Plan area on Sierra Avenue. The lane extends for approximately 0.82 miles in a north-south direction and is located between South Highland Avenue and Baseline Avenue. Another Class II bicycle facility extends westward from Walnut Street and Baseline Avenue that are adjacent to the Specific Plan area and connects Sierra Avenue to adjacent Class II bike lanes and public transit stations outside of the planning area. A proposed Class II bicycle facility on Highland Avenue extends westward adjacent to the Specific Plan area.

Currently, no bicycle facilities exist within the Specific Plan area on Mango Avenue, Baseline Avenue, Walnut Avenue, and Highland Avenue. However, planned Class II bicycle facilities on these corridors may connect cyclists to the adjacent westward bicycle facilities and public transit stations, providing multimodal circulation and connectivity within and surrounding the Specific Plan area. Planned bicycle facilities shall be implemented consistent with the existing policies of the General Plan Circulation Element and the Fontana Active Transportation Plan, which encourages road diets (where feasible), short-term and long-term bike racks/lockers/facilities at new residential, commercial, and industrial developments, and the addition of the following Class II bicycle facilities:
 Sierra Avenue to Cherry Avenue adjacent to the west Specific Plan boundary.

Planned improvements are conceptual in nature and the exact location of facilities can change when considering future development, design and placement of improvements in 121
Walnut Village Specific Plan 4-30
Development Plan
the Specific Plan area. The conceptual location of future improvements are shown in Exhibit 4-12: Existing and Planned Bicycle Facilities. Future development activity in the Specific Plan area would not hinder circulation and provides for future opportunities for new bicycle facilities.
122
Walnut Village Specific Plan 4-31
Development Plan
Exhibit 4-12: Existing and Planned Bicycle Facilities
123
Walnut Village Specific Plan 4-32
Development Plan

4.3.3 Pedestrian Mobility
Pedestrian Facilities
Pedestrian routes in the Specific Plan area are shown in Exhibit 4-13: Pedestrian Facilities. Mango Avenue is the main pedestrian route and occurs in a north/south direction along the entire Specific Plan area. Walnut Avenue is a parkway that starts in the middle of the Specific Plan area and goes westward. Currently, there is no connection along Palmetto Avenue at the eastern boundary of the Specific Plan area. All corridors generally connect to the sub-districts of the Specific Plan.

Key ingress and egress points are located at Sierra Avenue/Walnut Village Parkway, Sierra Avenue/South Highland Avenue, and Baseline Avenue/Mango Avenue. Secondary access is provided at Sierra Avenue/South Highland Avenue and Sierra Avenue/Micallef Street.

Pedestrian Sidewalk Improvements
Most streets in the Specific Plan area are currently improved with ADA compliant sidewalks. However, streets adjacent to vacant or underutilized lots do not have sidewalks while existing sidewalks may be substandard in quality. Sidewalks will be improved as individual developments are approved through the landscaping provisions required in the Specific Plan land use and development regulations. Specific improvements may include:
 Augmented, widened, or improved sidewalks along Baseline Avenue, Sierra Avenue, and South Highland Avenue,
 Improved pedestrian crossings at South Highland and Sierra Avenue; and  Added sidewalk bulb-outs and extensions or reduced curb returns on intersection corners, where feasible.

Key opportunities for pedestrian intersection improvements as shown in Exhibit 4-9:

Pedestrian Facilities include:
 Mango Avenue and South Highland Avenue
 Sierra Avenue and South Highland Avenue
 Sierra Avenue and Walnut Village Parkway
 Sierra Avenue and Baseline Avenue
 Palmetto Avenue and Baseline Avenue
124
Walnut Village Specific Plan 4-33
Development Plan
Exhibit 4-13: Pedestrian Facilities
125
Walnut Village Specific Plan 4-34
Development Plan

4.4 Infrastructure Plan
The Specific Plan area requires supportive infrastructure to serve existing and planned land uses and activities. Infrastructure needs include energy, domestic potable water, wastewater, and stormwater drainage systems. The water and sewer system located within and adjacent to the Walnut Village Specific Plan area serves existing residences and businesses.

4.4.1 Domestic Water System
Fontana Water Company (FWC) currently serves the City of Fontana. FWC is a subsidiary of the San Gabriel Valley Water Company (SGVWC). The FWC water service area encompasses approximately 52 square miles, which includes most of the City of Fontana, some areas within the Cities of Rialto and Rancho Cucamonga, and unincorporated areas of San Bernadino County, as shown in Exhibit 4-10: Domestic Water Infrastructure below.

In total, the FWC provides more than 48,000 municipal connections of water services in the City and throughout.

The FWC provides water services to an area with a current population of approximately 237,000. According to FWC’s 2020 Urban Water Management Plan (UWMP), the population is projected to grow to approximately 272,900 by 2040. Projected populations in the FWC’s service area were based on data from the Southern California Association of Governments (SCAG). The SCAG data incorporates demographic trends, existing land use, general plan land use policies, and input and projections from the Department of Finance (DOF) and the U.S. Census Bureau.

In 2020, the City’s water demand was 39,395 acre-feet per year (AFY), 57 percent or 22,459 AFY of which was residential uses. The 2020 UWMP projected water consumption estimates at approximately 25,069 AFY by 2040, representing an increase of 12 percent.

Primary demands would continue to occur from residential uses throughout the City.

Accordingly, necessary improvements to water conveyance infrastructure would be planned through Capital Improvement Programs and development impact fees.

Exhibit 4-14: Domestic Water Infrastructure below displays the existing domestic water infrastructure in the Specific Plan area. Domestic water pipes laid on residential streets are served by a mix of 4-inch to 10 ¾-inch pipes. Larger water pipes laid along major arterial street such as Baseline Avenue and South Highland Avenue range between 17.4 and 25.4 inches. Sierra Avenue contains a mix of pipes ranging between 6 to 25.8 inches.

There is a 36-inch concrete pipe called “cross country line” that runs roughly east-westerly in the middle of the Specific Plan area. Additionally, 12.8-inch and 17.4-inch pipes surrounding the catchment basin conveys water to the nearby treatment facility.

The FWC’s water supply sources include groundwater pumped from the local Chino, Rialto-Colton, Lytle, and No Man’s Land Basins. The FWC also has supplemental imported water that can be purchased from the Inland Empire Utilities Agency (IEUA) and 126
Walnut Village Specific Plan 4-35
Development Plan
the San Bernadino Valley Municipal Water District (SBVMWD) for emergencies in the event that system demands exceed the production capacity of the FWC’s groundwater wells. The FWC pumps ground water primarily from Chino Basin through its active wells with an Allowed Pumping Allocation of 15,275 AFY. The wells that are allowed usage by the FWC have a combined pumping capacity of approximately 39,459 AFY if operated continuously.

Based on current groundwater management practices in the Central Basin, the reliability of supplemental water purchased from SBVMWD for emergency use, including water conservation efforts from customers, a dry year or multiple dry year scenarios would not compromise the FWC’s ability to provide a reliable supply of water to its customers.

Additionally, recycled water facilities can be expanded upon through the planning horizon to meet demands for non-potable water. The existing water pipe infrastructure is sufficient to support new development and would not inhibit future development of new water infrastructure.
127
Walnut Village Specific Plan 4-36
Development Plan
Exhibit 4-14: Domestic Water Infrastructure
128
Walnut Village Specific Plan 4-37
Development Plan

4.4.2 Wastewater System
The wastewater system in the Walnut Village Specific Plan area is served by the City of Fontana Public Works Department, Utilities Division. The City has a sewer system that is composed of approximately 437 miles of pump stations and sewer lines. The project site contains an existing extensive network of sewer lines, which provides services to the existing developments in the Specific Plan area.

Exhibit 4-15: Wastewater Infrastructure below shows the existing sewer infrastructure in the Specific Plan area. Individual property sewer lines, or sewer laterals (4-in. diameter), are connected to larger sewer collection pipes (8-10 in. diameter). Some vacant lots have existing connections to the larger sewer collection pipes. The collector system primarily follows the footprint of the existing roadways. Wastewater from the collection sewer lines generally flow west and southwest towards interceptor pipes, which are treated at the adjacent water recycling facility. Sewer lines west of Mango Avenue flow east and southeast until reaching Mango Avenue. The wastewater is subsequently conveyed through Mango Avenue and out the Specific Plan area. There is also a sewer line south of Woodhill Street that has some wastewater flowing southeast, then south parallel to Palmetto Street and out of the Specific Plan area. Additionally, there is a sewer connection on the southwest portion of the Specific Plan area that connects to a sewer line running parallel to Sierra Avenue and intersects at Baseline Avenue. The said line on Baseline Avenue then diverges into east and west directions, with the eastern flow running parallel to the Specific Plan area then merging with the sewer line on Mango Avenue, which afterwards conveys wastewater out of the Specific Plan area.

The IEUA and City of Rialto assists the City of Fontana in providing wastewater treatment services for some residents under an Extra-Territorial Agreement (UWMP, 2015).

Wastewater is conveyed primarily to the IEUA Regional Water Recycling Plant No. 4 (IEUA RP-4). Any additional wastewater is conveyed to the City of Rialto Wastewater Treatment Plant (WWTP). The IEUA RP-4 is located at 12811 6th Street in the City of Rancho Cucamonga, and the City of Rialto WWTP is located at 501 East Santa Ana Avenue in the City of Rialto. The IEUA RP-4 treats an average flow of 10 million gallons of wastewater per day (mgd) and has a treatment capacity of 14 mgd. In 2015, the Rialto WWTP collected 3,236 acre-feet of wastewater, and discharges approximately 7.0 mgd per day with a treatment capacity of 11.7 mgd.
129
Walnut Village Specific Plan 4-38
Development Plan
Exhibit 4-15: Wastewater Infrastructure
130
Walnut Village Specific Plan 4-39
Development Plan

4.4.3 Storm Drain System
The City of Fontana Master Storm Drainage Plan provides guidance for establishing drainage systems and cost estimates of the infrastructure in the city. The stormwater management system in the Specific Plan area is largely characterized by overland surface flows into gutters and Type 1 catch basins (30 cubic feet) in onsite roadways, which in turn directly flows into an underground network of storm drains, as shown in Exhibit 4-16:

Stormwater Infrastructure below.

The Specific Plan area storm drain system were initially developed with 12-inch pipes, which can accommodate peak flow rates from a 25-year flood event. The stormwater system was also constructed to accommodate 100-year flood events assuming a builtout scenario. Currently, stormwater from underground pipes of various sizes is gravity fed towards outlets located throughout the site and towards municipal catch basins located south of the Specific Plan area along Baseline Avenue. Stormwaters are also conveyed via V-ditches throughout the Specific Plan area.

Stormwater capacities vary, so future development will connect with existing stormwater drainage infrastructure to accommodate potential flood events. Additionally, there is no active stormwater detention or treatment currently undertaken in the Walnut Village Specific Plan area. However, the development plans to implement onsite water retention provisions such as permeable landscaping and open space provisions that can address stormwater flows.
131
Walnut Village Specific Plan 4-40
Development Plan
Exhibit 4-16: Stormwater Infrastructure
132
Walnut Village Specific Plan 4-41
Development Plan

4.5 Design Concepts and Visualizations
The Specific Plan area requires supportive infrastructure to serve existing and planned land uses and activities. Infrastructure needs include energy, domestic potable water, wastewater, and stormwater drainage systems. The water and sewer system located within and adjacent to the Walnut Village Specific Plan area serves existing residences and businesses. The section below provides general key design features that are to be considered when developing the identified sub-districts in the Specific Plan area.

4.5.1 Key Design Features
A. Streetscape and Urban Design
Walnut Village will include a variety of residential housing types in community settings that reflect the neighborhood charm and structure reminiscent of the existing single-family communities in the Specific Plan area. The community is being design as a mix of familyoriented and active mixed-use developments clustered into identifiable sub-districts. The entire area will contain well-designed housing and nicely landscaped residential areas.

Sub-districts with a commercial component will also be designed to complement the residential uses Each sub-district will be designed with its own unique identity and character.

The Specific Plan area sub-districts will be designed to promote interplay between streets and housing. Developments will be designed to have a strong relationship to the street.

Residents should have direct views to the street and outdoor living space to enhance the sense of security and safety. One way to enhance security is to orient rooms, doors, and windows towards streets and public areas. Another way is to have homes “open up” to the street by incorporating architectural elements such as front stoops and porches.

To respect the existing single-family homes adjacent to the sub-districts, appropriate setbacks, stepbacks, and screening is necessary to avoid having direct sight lines into their backyards. This will provide privacy for lower density developments without having to feel too imposed on by higher density projects that get proposed in the identified subdistricts.

B. Public/Private Right of Way Integration
Exhibits 4-17 and 4-18 illustrates examples public right of way and the integration of it with the private right of way. Proposed projects in the Specific Plan area will be designed to promote integration of public and private rights of way. There should be an inclusion of public amenities between the private development and the public right of way to create a pedestrian oriented streetscape. Lighting, street furnishings, benches, and bollards are some examples that can be applied to achieve this. Physical links between the public and private right of way is also encouraged to promote pedestrian access and walkability. 133

Walnut Village Specific Plan 4-42
Development Plan
Exhibit 4-17: Public Right of Way Conceptual – Cross Section 134

Walnut Village Specific Plan 4-43
Development Plan
Exhibit 4-18: Public/Private Right of Way Conceptual – Local Streets 135
Walnut Village Specific Plan 4-44
Development Plan
C. Landscape
Below is a list of approved plant materials for use within the Walnut Village Specific Plan area. Additional plant materials not listed in the below figures may be allowed by the City of Fontana Planning Department on a case-by-case basis during the review of a project.

Exhibits 4-19 through Exhibit 4-21 provide examples of proposed plant materials that could be included in the landscape for potential projects.

Planting areas are to be integrated into each development area and with the design of buildings. Plant materials should be selected to enhance the appearance and enjoyment of the project and soften the effect of buildings and paving. The use of planting materials can also have the effect of screening between developments, to have an additional level of privacy between buildings.
136

Walnut Village Specific Plan 4-45
Development Plan
Exhibit 4-19: Proposed Plant Palette - Trees
137

Walnut Village Specific Plan 4-46
Development Plan
Exhibit 4-20: Proposed Plant Palette – Shrubs
138

Walnut Village Specific Plan 4-47
Development Plan
Exhibit 4-21: Proposed Plant Palette – Vines & Groundcover 139
Walnut Village Specific Plan 4-48
Development Plan
D. Monumentation and Walkways
A Walnut Village monument signs are encouraged to be placed at the entrance to the Specific plan area as celebrated entry ways. This monument sign is likely to be placed at the entry of major street intersections, such as Sierra and Baseline Avenue or South Highland and Sierra Avenue. The sign will include the wording “Gateway Village” along with the City symbol located on the right of the signage wording. Most of the wall will either consist of real stone or manufactured stone or cobbles, and the remainder of the sign will be constructed of precast concrete. Cast letting will be pinned to the sign to ensure it cannot be easily taken off. The sign will be accented by shrubs and groundcover plantings described in the proposed plant materials, Exhibits 4-20 and 4-21. Exhibits 4- 22 through 4-24 provide examples of monumentation that would be appropriate for the Specific Plan area.

A hierarchy of walkways are also encouraged to provide easier navigation for residents through and around the site. The site plan concepts below illustrate different examples of walkway design throughout a site, with the core types of walkways being urban village edge, pedestrian perimeter, internal pedestrian edge, and internal village amenity walkways. Exhibits 4-25 and 4-26 illustrate these different walkways. 140
Walnut Village Specific Plan 4-49
Development Plan
Exhibit 4-22: Monumentation Signage Option #1
141
Walnut Village Specific Plan 4-50
Development Plan
Exhibit 4-23: Monumentation Signage Option #2
142
Walnut Village Specific Plan 4-51
Development Plan
Exhibit 4-24: Monumentation Signage Option #3
143
Walnut Village Specific Plan 4-52
Development Plan
Exhibit 4-25 provides a conceptual of monumentation and walkway hierarchy in the Gateway North sub-district. The signage illustrated is facing towards the intersection of South Highland Avenue and Sierra Avenue. The urban village edge is situated in the public right of way. The pedestrian perimeter is located between the development and existing single-family homes to serve as a buffer along with providing safe access across the site.
144
Walnut Village Specific Plan 4-53
Development Plan
Exhibit 4-25: Monumentation and Walkway Hierarchy – Gateway North Sub-District 145
Walnut Village Specific Plan 4-54
Development Plan
Exhibit 4-26 provides a conceptual of monumentation and walkway hierarchy in the Gateway South sub-district. The corner enclave signage illustrated is facing towards the intersection of Baseline Avenue and Sierra Avenue. More enclave signage is placed towards Micallef Street, Mango Avenue, and Baseline Avenue to provide additional access to the site. Park signage is placed in the north, northeast, and southeast areas of the site to provide an introduction to the open space component. The urban village edge walkway is situated in the public right of way to show the. The pedestrian perimeter walkway is located between the development and existing single-family homes to serve as a buffer along with providing safe access on the outer perimeter of the site. Internal village pedestrian and amenity walkways are provided to give internal access to the site and throughout.
146

Walnut Village Specific Plan 4-55
Development Plan
Exhibit 4-26: Monumentation and Walkway Hierarchy – Gateway South Sub-District 147
Walnut Village Specific Plan 4-56
Development Plan
E. Site Planning Concepts and Visualizations
When designing projects in the Specific Plan area, it is important to be including features that complement the development and make it more livable. Chapter 6 provides more details on concepts that shall be considered when developing a project in Walnut Village.

The figures below provide conceptual examples of possible site plans, which promotes the importance of plant materials, signage, and building placement. Important site planning concepts that are to be considered include:

1. Provide physical linkages between land uses that promote walking and bicycling and provide alternatives to automobile use.

2. Encourage compact development that concentrates residential areas close to public amenities such as schools, parks, retail, recreation centers, etc.

3. Include a range of housing types and/or densities within each Sub-District in Walnut Village.

4. Incorporate sustainability practices in developing buildings and infrastructure.

5. Encourage design of landscape areas that can capture and direct stormwater runoff, particularly in open space, parks, and paseos.

6. Provide electric vehicle charging stations in multi-family developments to serve the growing EV community.

7. Screen more intense developments from the traditional single-family homes that are predominant in the Specific Plan area with appropriate setbacks, stepbacks, and landscaping.
148
Walnut Village Specific Plan 4-57
Development Plan
Exhibit 4-27 illustrates a site plan concept that promotes a complimentary mix of residential and commercial opportunities along Sierra and South Highland Avenue. This site concept serves adjacent residents and takes advantage of its immediate access to the I-210 freeway. The site concept exhibits a high-density residential use with a commercial component and landscaping to buffer between this more intense development and existing single-family homes.
149
Walnut Village Specific Plan 4-58
Development Plan
Exhibit 4-27: Site Plan Concept – Gateway North Sub-District 150
Walnut Village Specific Plan 4-59
Development Plan
Exhibit 4-28 shows a conceptual site plan of the Gateway South sub-district. This site concept promotes the development of a mix of complimentary uses, including commercial and higher density residential uses. The outer section of the site plan contains medium density developments that serve as a buffer between the existing single family neighborhoods and high density development in the southwest corner of the sub-district. Additionally, there is an open space component in the middle of the site for residents to enjoy and improve the quality of life in the neighborhood. A pedestrian walking path is also included to allow easier access between the internal areas of the site and access to the public right of way.
151
Walnut Village Specific Plan 4-60
Development Plan
Exhibit 4-28: Site Plan Concept – Gateway South Sub-District 152
Walnut Village Specific Plan 4-61
Development Plan
F. Elevation and Public Architectural Amenities
Exhibit 4-29 and Exhibit 4-30 provide elevation illustrations showing the amount of distance that should be provided in the streetscape in the Gateway North and Gateway South Sub-districts. While Gateway East is not pictured, a similar design shown in the Gateway North sub-district can be applied on Baseline Avenue. Mixed-use and multifamily projects should have proper setbacks and stepbacks from the street. This is to provide an open feel for pedestrians and prevent sight lines into single family homes that are adjacent to the development and across the street.

Exhibit 4-31 illustrates the type of architectural elements and furniture designs that should be implemented when designing the site. Further guidelines regarding said designs will be addressed in the Design Guidelines chapter of the Specific Plan. 153
Walnut Village Specific Plan 4-62
Development Plan
Exhibit 4-29: Conceptual Site Elevations – Gateway North Sub-District Exhibit 4-30: Conceptual Site Elevations – Gateway South Sub-District 154
Walnut Village Specific Plan 4-63
Development Plan
Exhibit 4-31: Architectural Imagery and Design Features 155
Walnut Village Specific Plan 5-0
Land Use and Development Standards
Land Use and Development
Standards
Chapter Five
156
Walnut Village Specific Plan 5-1
Land Use and Development Standards
Chapter 5.0: Land Use and Development Standards

5.1 Intent and Authority.

This Chapter provides land use development standards and provisions the govern permitting of all land uses and activities within the Walnut Village Specific Plan. The development standards and provisions contain herein shall apply to all development applications, permits or other activities requiring approval of the City of Fontana.

5.2 Purpose.

This Chapter establishes standards and provisions for all land use sub-districts within the Walnut Village Specific Plan. The provisions contained in the Chapter are intended to implement the goals of the Walnut Village Specific Plan. These goals include:

1. Vibrant, Mixed Use, Multimodal Environment

2. Enhanced Connectivity

3. Promote a Well-Balanced Community

4. High Quality of Life Developments

5. Increase Economic Development Opportunities

6. Connected Circulation with Public Transit

7. Promote Community/Culture/Character/Heritage

5.3 General Standards and Provisions.

A. Minimum Standards. The land use and development standards contained herein are minimum requirements. In reviewing individual projects requiring discretionary approval, more restrictive standards or conditions may be applied if deemed necessary to accomplish the goals and objectives of this Specific Plan.

B. Applicability of Development Standards and Design Criteria. The land use and development standards contained in this Chapter shall apply to all new development, including additions to buildings and changes in use, as provided for in Chapter 7 Implementation and Administration. The Design Guidelines contained in Chapter 6 shall supplement the development standards.

C. Density and Intensity Standards. The minimum and maximum permitted number of dwelling units per adjusted gross acre (density) and intensity standards are shown in Table 5-1: Development Plan Land Use Summary.
157
Walnut Village Specific Plan 5-2
Land Use and Development Standards
Table 5-1: Development Plan Land Use Summary
Specific Plan
Sub-District Acres (ac) Primary Uses Density Range (du/ac) Max Intensity
(FAR)1
Gateway North –
(GN) 6.03 ac
Mixed Use,
Commercial 24.1 – 39 du/ac 0.5 – 2.0 FAR
Gateway Residential
4 –(GR4) 4.15 ac Residential 9 to 15 du/ac N/A
Gateway South –
(GS) 37.10 ac
Mixed Use,
Commercial, HighDensity
Residential

39.1 – 50 du/ac 0.5 – 3.0 FAR
Gateway East –
(GE)

5.28 ac
Mixed Use,
Neighborhood
Commercial,
Residential
12 – 24 du/ac Up to 1.0 FAR
Gateway Residential
1 – (GR1) 181.47 ac Residential Up to 4.5 du/ac N/A
Gateway Residential
2 – (GR2) 84.60 ac Residential Up to 4.5 du/ac N/A
Gateway Residential
3 – (GR3) 6.57 ac Residential Up to 4.5 du/ac N/A
Gateway
Commercial – (GC) 1.80 ac Commercial N/A Up to 0.5 FAR
Highland Village
(HV) 11.01 ac Commercial N/A N/A
D. Adoption of the Specific Plan Land Use Map. The Specific Plan land use map shall depict all legal parcels subject to the requirements of the Walnut Village Specific Plan.

E. Consistency with the Fontana Municipal Code and General Plan. The Walnut Village Specific Plan shall provide consistency with the Fontana General Plan.

1. The Walnut Village Specific Plan shall maintain consistency with the goals and policies of the General Plan.

2. The Walnut Village Specific Plan establishes development standards that regulate land uses and activities through incorporation by reference into the Fontana Municipal Code (FMC).

F. Interpretation. The Walnut Village Specific Plan is a regulating document approved by the Fontana City Council. In some cases, provisions in the Specific Plan may conflict with standards and provisions in the Fontana Municipal Code.

Any standards or provisions that conflict with the Fontana Municipal Code shall defer to the Specific Plan, unless explicitly stated in the Chapter. If any standards of provisions are subject to interpretation, the Director of Planning, or designee are granted authority to interpret any requirement in the Specific Plan. 158
Walnut Village Specific Plan 5-3
Land Use and Development Standards
G. Applicability of Other Provisions. Other requirements or provisions that govern projects and activities in the Specific Plan area such as local, State, and Federal are not exempt by the adoption of this Specific Plan. All applicable standards, provisions, and requirements, in addition to the requirements that are not governed by this Specific Plan, shall remain in effect.

5.4 Definitions.

The Walnut Village Specific Plan’s definitions for land uses and activities shall be consistent with the definitions described in Definitions section of the Fontana Municipal Code, in addition to the following.

1. “Multi-modal” shall mean different modes, modalities, or ways of traveling between various destinations or points.

2. “Visitor-serving” shall mean a description for a development or facility that provides accommodations and development targeting visitors such as food, recreation services, short-term rentals, shopping or amusement centers, and etc.

5.5 Establishment of Land Use Sub-Districts.

The Walnut Village Specific Plan establishes seven distinct land use sub-districts that provide specific standards and provisions to implement the purpose and intent for each sub-district. The Plan includes sub-districts for the existing commercial, residential, public facility, and open space uses within the Specific Plan area.

1. Standards and Provisions applicable for each land use Sub-District shall identify minimum requirements.

2. Proposed developments and improvements shall also be subject to described in Chapter 6 of this Specific Plan.
159
Walnut Village Specific Plan 5-4
Land Use and Development Standards
A. Purpose and Intent of Land Use Sub-Districts. The nine sub-districts within the Walnut Village Specific Plan are shown in Figure 5-1: Specific Plan Sub-Districts.

Figure 5-1: Specific Plan Sub-Districts
HV
HV Highland Village
160
Walnut Village Specific Plan 5-5
Land Use and Development Standards
B. Gateway North Sub-District. Figure 5-2: Gateway North Sub-District shows the sub-district located at South Highland & Sierra Avenue. The intent of the sub-district is to create and promote a mixed-use (commercial and residential) district that is complimentary to adjacent commercial and residential land uses. 161
Walnut Village Specific Plan 5-6
Land Use and Development Standards
Figure 5-2: Gateway North Sub-District
162
Walnut Village Specific Plan 5-7
Land Use and Development Standards
C. Gateway Residential 4 Sub-District. Figure 5-3: Gateway Residential 4 SubDistrict shows the sub-district located at the Sierra Avenue Corridor. The intent of the sub-district area is to encourage quality and diverse residential opportunities along the Sierra Avenue Corridor. The sub-district seeks to complement existing single-family uses by integrating existing uses such as new single- and multi-family residences. 163
Walnut Village Specific Plan 5-8
Land Use and Development Standards
Figure 5-3: Gateway Residential 4 Sub-District
164
Walnut Village Specific Plan 5-9
Land Use and Development Standards
D. Gateway South Sub-District. Figure 5-4: Gateway South Sub-District shows the sub-district located at Sierra Avenue & Baseline Avenue. The intent of the sub-district area is to promote the development of a mix of complementary uses, including commercial, office, and higher density residential uses. The area is intended to establish a mixed-use, pedestrian-oriented community through the establishment of higher density residential, and pedestrian-friendly street improvements. 165
Walnut Village Specific Plan 5-10
Land Use and Development Standards
Figure 5-4: Gateway South Sub-District
166
Walnut Village Specific Plan 5-11
Land Use and Development Standards
E. Gateway East Sub-District. Figure 5-5: Gateway East Sub-District shows the subdistrict located at Baseline Avenue & Palmetto Avenue. The intent of the sub-district area is to promote limited commercial retail and a variety of medium to high density residential opportunities. As an eastern gateway and primary corridor of the City of Fontana, it is intended to serve as a node for mixed uses with a focus on locally-serving commercial retail and medium- to high-density residential opportunities. 167
Walnut Village Specific Plan 5-12
Land Use and Development Standards
Figure 5-5: Gateway East Sub-District
168
Walnut Village Specific Plan 5-13
Land Use and Development Standards
F. Gateway Residential 1 Sub-District. Figure 5-6: Gateway Residential 1 Sub-District shows the sub-district located between Mango Avenue and Palmetto Avenue corridors.

The intent for this sub-district is to preserve the existing housing stock in the area, and to complement the new development and activities in the vacant and underutilized portions of the Specific Plan area.
169
Walnut Village Specific Plan 5-14
Land Use and Development Standards
Figure 5-6: Gateway Residential 1 Sub-District
170
Walnut Village Specific Plan 5-15
Land Use and Development Standards
G. Gateway Residential 2 Sub-District. Figure 5-7: Gateway Residential 2 Sub-District shows the sub-district located on both sides of the Walnut Village Parkway corridor. The intent of this sub-district is to preserve the existing housing stock in the area, and to complement new development and activities in adjacent areas of the Specific Plan. 171
Walnut Village Specific Plan 5-16
Land Use and Development Standards
Figure 5-7: Gateway Residential 2 Sub-District
172
Walnut Village Specific Plan 5-17
Land Use and Development Standards
H. Gateway Residential 3 Sub-District. Figure 5-8: Gateway Residential 3 SubDistrict shows the sub-district located along the South Highland Avenue corridor. This sub-district currently has been developed with multi-family development. The intent of this district is to serve as a buffer between existing commercial and residential land uses.
173
Walnut Village Specific Plan 5-18
Land Use and Development Standards
Figure 5-8: Gateway Residential 3 Sub-District
174
Walnut Village Specific Plan 5-19
Land Use and Development Standards
I. Gateway Commercial Sub-District. Figure 5-9: Gateway Commercial Sub-District shows the sub-district located along the Mango Avenue corridor. This sub-district provides convenience commercial use which serves the Specific Plan areas residents, as well as providing limited job opportunities within the Walnut Village area. 175
Walnut Village Specific Plan 5-20
Land Use and Development Standards
Figure 5-9: Gateway Commercial Sub-District
176
Walnut Village Specific Plan 5-21
Land Use and Development Standards
J. Highland Village Sub-District. Figure 5-10: Highland Village Sub-District shows the sub-district between South Highland Avenue and the 210 Freeway. This sub-district provides a range of commercial uses, including retail, restaurants and service-based businesses serving residents in the area as well as passersby via the 210 Freeway. 177
Walnut Village Specific Plan 5-22
Land Use and Development Standards
HV
Figure 5-10: Highland Village Sub-District
HV Highland Village
178
Walnut Village Specific Plan 5-23
Land Use and Development Standards

5.6 Land Use and Development Standards.

A. General Development Standards for Land Use Sub-Districts. This section provides the land use and development standards applicable to each land use subdistrict within the Walnut Village Specific Plan.

B. Standards and Provisions. Standards and provisions shall govern all land uses and activities within the Specific Plan. Applicable standards and provisions of the Fontana Municipal Code shall also apply.

Gateway North (GN) Mixed Use Sub-District Development Standards. Applicable development standards for the Gateway North Mixed Use Sub-District are indicated in Table 5-2 below.

Table 5-2: Gateway North (GN) Mixed Use Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Minimum Lot Size 3 Acres Applies only to new parcels being created Maximum Lot Size None Applies only to new parcels being created Minimum Width 250 Feet
Minimum Depth 300 feet
Density Range(du/ac) 24.1 to 39.0 du/ac
Minimum Residential Dwelling Unit Sizes
One Bedroom
Two Bedroom
Three Bedroom
600 Square Feet
800 Square Feet
900 Square Feet
Plus 100 square feet for each bedroom in
excess of three.

Floor Area Ratio – Minimum 1.0
Floor Area Ratio - Maximum 2.0
Building Height – Maximum
(Feet) 55 Feet
Building Separation –
Minimum (Feet) 10 Feet
Off-Street Parking and
Loading
See Section 5.12 of this Chapter.

The Gateway North (GN) Sub-District requires mixed use development. All first-floor components shall be commercial land uses.

BUILDING SETBACKS - FRONT
Abutting Major Highways 15 Feet
Abutting Primary Highways 15 Feet
Abutting Secondary or
Collector Streets
15 Feet
Abutting Local Streets 15 Feet

BUILDING SETBACKS - SIDE AND REAR
Abutting Residential or
Mixed-Use Zone
25 Feet 30 Feet when exceeding 2 stories plus 5
feet for every story above 3.

Abutting All Other Zones None

PARKING AREA AND DRIVE AISLE SETBACKS
Abutting Major Highways 10 Feet
Abutting Primary Highways 10 Feet
179
Walnut Village Specific Plan 5-24
Land Use and Development Standards
Table 5-2: Gateway North (GN) Mixed Use Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Abutting Secondary, or
Collector Street
15 Feet
Abutting Local Street 15 Feet

PARKING AREA SIDE AND REAR SETBACKS
Abutting Freeways 25 Feet
Abutting Residential Zone 10 Feet
Abutting All Other Yard
Areas
None
Gateway Residential 4 (GR4) Sub-District. Applicable development standards for the Gateway Residential 4 Sub-District are indicated in Table 5-3.

Table 5-3: Gateway Residential 4 (GR4) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Minimum Lot Size 5,000 Square Feet Applies only to new parcels being created Maximum Lot Size None
Minimum Width 50 Feet Applies only to new parcels being created Minimum Depth 50 Feet Applies only to new parcels being created Density – Maximum (du/ac) 5.10 to 12.0 du/ac
Minimum Residential Dwelling Unit Sizes
One Bedroom
Two Bedroom
Three Bedroom
600 Square Feet
800 Square Feet
900 Square Feet
Plus 100 SQUARE FEET for each
bedroom in excess of three.

Floor Area Ratio – Maximum None
Lot Coverage - Maximum 60 Percent
Building Height – Maximum
(Feet) 35 Feet/2 stories
Off-Street Parking and
Loading
See Section 5.12 of this Chapter.

BUILDING SEPARATION – MINIMUM (FEET)
Side to Side 12 Feet
Front to Front 25 Feet
Rear to Rear 30 Feet
Front to Side 20 Feet
Side to Rear 30 Feet

BUILDING SETBACKS
Front 15 Feet
Interior Side 5 Feet
Street Side 10 Feet
Rear 15 feet
180
Walnut Village Specific Plan 5-25
Land Use and Development Standards
Gateway South (GS) High Mixed Use Sub-District. Applicable development standards for the Gateway South High Mixed Use Sub-District are indicated in Table 5-4.

Table 5-4: Gateway South (GS) High Mixed-Use Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes

LOT SIZE
Minimum 3 Acres Applies only to new parcels being created Maximum None

LOT DIMENSIONS
Minimum Width 250 Feet Applies only to new parcels being created Minimum Depth 300 Feet Applies only to new parcels being created Density (du/ac) 39.1 – 50.0 du/ac
Minimum Residential Dwelling Unit Sizes
One Bedroom
Two Bedroom
Three Bedroom
600 square feet
800 square feet
900 square feet
Plus 100 square feet for each bedroom in
excess of three.

Floor Area Ratio - Minimum 0.5
Floor Area Ratio – Maximum 3.0
Building Height – Maximum
(Feet) 75 Feet 40 if located within 100 feet of existing single-family residential Building Separation –
Minimum (Feet) 10 Feet
Off-Street Parking and
Loading
See Section 5.12 of this Chapter.

Minimum Setbacks Required - Buildings

BUILDING SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary or
Collector Streets
15 Feet
Abutting Local Streets 15 Feet
Abutting Residential Zone 30 Feet 40 Feet when exceeding 3 stories plus 5 feet for every story above 3. Adequate
screening must be provided.

Abutting All Other Zones None
Minimum Setbacks Required – Parking Areas

PARKING AREA AND DRIVE AISLE SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary, or
Collector Street
15 Feet
Abutting Local Street 15 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 10 Feet
Abutting All Other Yard
Areas
None
181
Walnut Village Specific Plan 5-26
Land Use and Development Standards
Gateway East (GE) Mixed Use Sub-District. Applicable development standards for the Gateway East Mixed Use Sub-District are indicated in Table 5-5.

Table 5-5: Gateway East (GE) Mixed Use Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes

LOT SIZE
Minimum 1 Acre Applies only to new parcels being created Maximum None

LOT DIMENSIONS
Minimum Width None
Minimum Depth None
Density – maximum (du/ac) 12.0 - 24.0 du/ac
Minimum Residential Dwelling Unit Sizes
One Bedroom
Two Bedroom
Three Bedroom
600 square feet
800 square feet
900 square feet
Plus 100 square feet for each bedroom in
excess of three.

Floor Area Ratio – Maximum 1.0 FAR
Lot Coverage - Maximum None
Building Height – Maximum
(Feet) 55 Feet
Building Separation –
Minimum (Feet) 10 Feet Applies to buildings on the same parcel/project site Landscaping, Lighting, Walls See Section 5.14 of this Chapter.

Off-Street Parking and
Loading
See Section 5.12 of this Chapter.

Minimum Setbacks Required - Buildings

BUILDING SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary or
Collector Streets
15 Feet
Abutting Local Streets 15 Feet

BUILDING SETBACKS - SIDE AND REAR
Abutting Residential Zone 20 Feet 30 feet when greater than 3 stories. 5 feet for every story above 3. Adequate
screening must be provided.

Abutting All Other Zones None
Minimum Setbacks Required – Parking Areas

PARKING AREA AND DRIVE AISLE SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary, or
Collector Street
15 Feet
Abutting Local Street 15 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 10 Feet
Abutting All Other Yard
Areas
None
182
Walnut Village Specific Plan 5-27
Land Use and Development Standards
Gateway Residential 1 (GR1) Sub-District. Applicable development standards for the Gateway Residential 1 Sub-District are indicated in Table 5-6.

Table 5-6: Gateway Residential 1 (GR1) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes

LOT SIZE
Minimum 6,500 Square Feet
Maximum None

LOT DIMENSIONS
Minimum Width 60 Feet
Minimum Depth 100 Feet
Density – Maximum (du/ac) 4.5 DU/AC
Minimum Residential Dwelling Unit Sizes
One Story
Two Story
1,200 Square Feet
1,200 Square Feet
Lot Coverage - Maximum 35 Percent
Building Height – Maximum
(Feet) 35 Feet
Building Separation –
Minimum (Feet) 10 Feet
Landscaping, Lighting, Walls 6 Feet Maximum Height See Section 5.14 of this Chapter.

Off-Street Parking and
Loading
See FMC for on-site parking and loading
regulations.

Minimum Setbacks Required – Detached Single Family Buildings

BUILDING SETBACKS
Abutting Major Highways 25 Feet
Abutting Primary Highways 25 Feet
Abutting Secondary or
Collector Streets
25 Feet
Abutting Local Streets 25 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 15 Feet Side
25 Feet Rear
Abutting All Other Zones 15 Feet Side
25 Feet Rear

SINGLE FAMILY PATIO AND ENCLOSED PATIO SETBACKS
Rear 6 Feet
Side 5 Feet
SINGLE FAMILY ONE-STORY OPEN SIDED PATIOS OF 200 SQUARE FEET OR LESS* Rear 3 Feet
Side 3 Feet

SINGLE FAMILY BALCONY SETBACKS
Rear 6 Feet
Side 5 Feet
Minimum Setbacks Required – Attached Single Family Buildings

BUILDING SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
183
Walnut Village Specific Plan 5-28
Land Use and Development Standards
Table 5-6: Gateway Residential 1 (GR1) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Abutting Secondary or
Collector Streets
20 Feet
Abutting Local Streets 20 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 15 Feet Side
25 Feet Rear
Abutting All Other Zones 15 Feet Side
25 Feet Rear

SINGLE FAMILY PATIO AND ENCLOSED PATIO SETBACKS
Rear 6 Feet
Side N/A
SINGLE FAMILY ONE-STORY OPEN SIDED PATIOS OF 200 SQUARE FEET OR LESS* Rear 3 Feet
Side 3 Feet

SINGLE FAMILY BALCONY SETBACKS
Rear 6 Feet
Side N/A
* = For one-story open sided detached patio covers of 200 square feet or less in R-1, R-2, and R-PC, the setback shall be no less than three feet to the rear property line and no less than three feet to the interior side property line.

Gateway Residential 2 (GR2) Sub-District. Applicable development standards for the Gateway Residential 2 Sub-District are indicated in Table 5-7.

Table 5-7: Gateway Residential 2 (GR2) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes

LOT SIZE
Minimum 6,500 Square Feet
Maximum None

LOT DIMENSIONS
Minimum Width 60 Feet
Minimum Depth 100 Feet
Density – Maximum (du/ac) 4.5 du/ac
Minimum Residential Dwelling Unit Sizes
One Story
Two Story
1,200 Square Feet
1,200 Square Feet
Lot Coverage - Maximum 35 Percent
Building Height – Maximum
(Feet) 35 Feet
Building Separation –
Minimum (Feet) 10 Feet
Landscaping, Lighting, Walls 6 Feet Maximum Height See Section 5.14 of this Chapter.

Off-Street Parking and
Loading
See FMC for on-site parking and loading
regulations.

Signage See Section 5.13 of this Chapter.
184
Walnut Village Specific Plan 5-29
Land Use and Development Standards
Table 5-7: Gateway Residential 2 (GR2) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Trash Enclosures See FMC for refuse storage area
requirements.

Wireless Communication
Facilities
See FMC for general requirements.

Minimum Setbacks Required – Detached Single Family Buildings

BUILDING SETBACKS
Abutting Major Highways 25 Feet
Abutting Primary Highways 25 Feet
Abutting Secondary or
Collector Streets
25 Feet
Abutting Local Streets 25 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 15 Feet Side
25 Feet Rear
Abutting All Other Zones 15 Feet Side
25 Feet Rear

SINGLE FAMILY PATIO AND ENCLOSED PATIO SETBACKS
Rear 6 Feet
Side 5 Feet
SINGLE FAMILY ONE-STORY OPEN SIDED PATIOS OF 200 SQUARE FEET OR LESS* Rear 3 Feet
Side 3 Feet

SINGLE FAMILY BALCONY SETBACKS
Rear 6 Feet
Side 5 Feet
Minimum Setbacks Required – Attached Single Family Buildings

BUILDING SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary or
Collector Streets
20 Feet
Abutting Local Streets 20 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 15 Feet Side
25 Feet Rear
Abutting All Other Zones 15 Feet Side
25 Feet Rear

SINGLE FAMILY PATIO AND ENCLOSED PATIO SETBACKS
Rear 6 Feet
Side N/A
SINGLE FAMILY ONE-STORY OPEN SIDED PATIOS OF 200 SQUARE FEET OR LESS* Rear 3 Feet
Side 3 Feet

SINGLE FAMILY BALCONY SETBACKS
Rear 6 Feet
Side N/A
185
Walnut Village Specific Plan 5-30
Land Use and Development Standards
Table 5-7: Gateway Residential 2 (GR2) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
* = For one-story open sided detached patio covers of 200 square feet or less in R-1, R-2, and R-PC, the setback shall be no less than three feet to the rear property line and no less than three feet to the interior side property line.

Gateway Residential 3 (GR3) Sub-District. Applicable development standards for the Gateway Residential 3 Sub-District are indicated in Table 5-8.

Table 5-8: Gateway Residential 3 (GR3) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes

LOT SIZE
Minimum 6,500 Square Feet
Maximum None

LOT DIMENSIONS
Minimum Width 60 Feet
Minimum Depth 100 Feet
Density – Maximum (du/ac) 4.5 du/ac
Minimum Residential Dwelling Unit Sizes
One Story
Two Story
1,200 Square Feet
1,200 Square Feet
Lot Coverage - Maximum 35 Percent
Building Height – Maximum
(Feet) 35 Feet
Building Separation –
Minimum (Feet) 10 Feet
Landscaping, Lighting, Walls 6 Feet Maximum Height See Section 5.14 of this Chapter.

Off-Street Parking and
Loading
See FMC for on-site parking and loading
regulations.

Minimum Setbacks Required – Detached Single Family Buildings

BUILDING SETBACKS
Abutting Major Highways 25 Feet
Abutting Primary Highways 25 Feet
Abutting Secondary or
Collector Streets
25 Feet
Abutting Local Streets 25 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 15 Feet Side
25 Feet Rear
Abutting All Other Zones 15 Feet Side
25 Feet Rear

SINGLE FAMILY PATIO AND ENCLOSED PATIO SETBACKS
Rear 6 Feet
Side 5 Feet
SINGLE FAMILY ONE-STORY OPEN SIDED PATIOS OF 200 SQUARE FEET OR LESS* Rear 3 Feet
Side 3 Feet

SINGLE FAMILY BALCONY SETBACKS
186
Walnut Village Specific Plan 5-31
Land Use and Development Standards
Table 5-8: Gateway Residential 3 (GR3) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Rear 6 Feet
Side 5 Feet
Minimum Setbacks Required – Attached Single Family Buildings

BUILDING SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary or
Collector Streets
20 Feet
Abutting Local Streets 20 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 15 Feet Side
25 Feet Rear
Abutting All Other Zones 15 Feet Side
25 Feet Rear

SINGLE FAMILY PATIO AND ENCLOSED PATIO SETBACKS
Rear 6 Feet
Side 5 Feet
SINGLE FAMILY ONE-STORY OPEN SIDED PATIOS OF 200 SQUARE FEET OR LESS* Rear 3 Feet
Side 3 Feet

SINGLE FAMILY BALCONY SETBACKS
Rear 6 Feet
Side 5 Feet
* = For one-story open sided detached patio covers of 200 square feet or less in R-1, R-2, and R-PC, the setback shall be no less than three feet to the rear property line and no less than three feet to the interior side property line.

Gateway Commercial (GC) Sub-District. Applicable development standards for the GC Sub-District are indicated in Table 5-9.

Table 5-9: Gateway Commercial (GC) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes

LOT SIZE
Minimum 20,000 Square Feet
Maximum None

LOT DIMENSIONS
Minimum Width 100 Feet
Minimum Depth 100 Feet
Floor Area Ratio – Maximum 0.5 FAR
Lot Coverage - Maximum 50 Percent
Building Height – Maximum
(Feet) 50 Feet
Building Separation –
Minimum (Feet)
20 Feet Abutting
Residential Zones
None for All Other Zones
187
Walnut Village Specific Plan 5-32
Land Use and Development Standards
Table 5-9: Gateway Commercial (GC) Sub-District Development Standards Lot Dimensions, Building Height, and Maximum Intensity/Density Feature Standard/Requirement Notes
Air Conditioning, Mechanical
Roof and Utility Equipment
All equipment shall be screened from view
from the public right of way.

Landscaping, Lighting, Walls 20 Percent Minimum
Landscaping
See Section 5.14 of this Chapter.

Off-Street Parking and
Loading
See FMC for off-street parking and
loading standards.

Signage See Section 5.13 of this Chapter.

Trash Enclosures See FMC for trash collection areas and recycling regulations.

Wireless Communication
Facilities
Lines of 12 KV or Less
Placed Underground
See FMC for general requirements.

Minimum Setbacks Required - Buildings

BUILDING SETBACKS
Abutting Major Highways 35 Feet
Abutting Primary Highways 35 Feet
Abutting Secondary or
Collector Streets
25 Feet
Abutting Local Streets 20 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 20 Feet
Abutting All Other Zones None
Minimum Setbacks Required – Parking Areas

PARKING AREA AND DRIVE AISLE SETBACKS
Abutting Major Highways 20 Feet
Abutting Primary Highways 20 Feet
Abutting Secondary, or
Collector Street
15 Feet
Abutting Local Street 15 Feet

SIDE AND REAR SETBACKS
Abutting Residential Zone 10 Feet
Abutting All Other Yard
Areas
None
Landscaping, Lighting, Walls 10 Percent of Total
Parking Area
See FMC for general landscaping
requirements.
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Land Use and Development Standards
Highland Village (HV) Sub-District. Applicable development standards for the GC Sub-District are indicated in Table 5-9.

The development standards and design guidelines applicable to the Highland Village SubDistrict shall be consistent with the development standards and design guidelines referenced in the Community Commercial (C-1) zoning district, as indicated in the Fontana Municipal Code.

5.7 Allowable Land Uses.

Table 5-10: Allowable Land Uses provides a comprehensive list of the City of Fontana’s zoning classifications and the allowed uses within each Sub-District. Ancillary uses for each Sub-District are also considered and permitted within Table 5-10. The “Notes” column indicates more precisely the use regulations for specific uses or operating characteristics. Should there be a use that is not defined in the table below, the Director of Planning or designee will have final authority in the decision of said use. 189
Walnut Village Specific Plan 5-33
Land Use and Development Standards
Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Residential Uses
Single-Family
Detached Dwelling — — — — P P P —
Existing single-family dwellings in the GN,
GR4, GS and GE districts are subject to
standards pertaining to non-conforming
structures and land uses in the Fontana
Municipal Code.

Single-Family
Attached Dwelling — — — — — — — —
Existing single-family dwellings in the GN,
GR4, GS and GE districts are subject to
standards pertaining to non-conforming
structures and land uses in the Fontana
Municipal Code.

Multiple-Family
Dwelling P
2 P P P — — — —
Senior Housing M2 M M M C C C M
Accessory Dwelling
Unit — P P P P P P —
Junior Accessory
Dwelling Units — — — — P P P —
Accessory Uses and Activities
Accessory Structures — P — — P P P —
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Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Animals, Small—
Keeping and Raising P* P* P* P* P* P* P* P*
Retail Sales and Services2,3
Alcohol for Off-Site
Consumption C — C C — — — C
Alcohol for On-Site
Consumption C — C C — — — C
In connection with a sit-down
restaurant only.

Bakery Goods Store P — P P — — — P
Book Store P — P P — — — P
Clothing Store P — P P — — — P
Computer Store P — P P — — — P
Convenience Store P — P P — — — P
Discount Store P — P P — — — P
Florist Shop P — P P — — — P
Garden Furniture and
Supplies Store P* — P* P* — — — P*
Grocery, Fruit,
Vegetable, Meat, Fish,
Poultry, or
Delicatessen Store,
C — C C — — — P
Hardware Store P* — P* P* — — — P*
Hobby Supplies Store P — P P — — — P
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Walnut Village Specific Plan 5-35
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Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Home Furnishing
Store P — P P — — — P
Ice Cream Store P — P P — — — P
Interior Decorating
Shop P — P P — — — P
Liquor Store C — C C — — — C
Micro-Brewery C — C C — — — —
Novelties Store P — P P — — — P
Pet Daycare P — P P — — — P Overnight boarding not permitted.

Pet Shop P — P P — — — P
Restaurant or Café, Sit
Down P* — P* P* — — — —
Restaurant or Café, Sit
Down - With
Entertainment and/or
Dancing
C — C C — — — —
Restaurant or Café,
Drive-Thru — — — — — — — —
Restaurant or Café,
Take Out P — P P — — — —
Secondhand Store P — P P — — — —
Shoe Store P — P P — — — —
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Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Smoke/Tobacco Shop
and Vape Shop C — C C — — — —
Sporting Goods Store P — P P — — — —
Tattoo Establishments P* — P* P* — — — —
Business and
Professional Offices P — P P — — — —
Art Gallery P — P P — — — P
Financial Institution P — P P — — — P
Clinic, Medical or
Dental, Acupuncture P — P P — — — P
Convention Centers P — P P — — — —
Optician P — P P — — — P
Pharmacy P — P P — — — P
Studio (without
transmitter) P — P P — — — P
Studios for
Professional Work or
Teaching of Any Form
of Fine Art
P — P P — — — P
Service Establishments2,3
Animal Hospital C — C C — — — M
193
Walnut Village Specific Plan 5-37
Land Use and Development Standards
Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Assembly/Meeting Hall
For, Private Clubs,
Religious Services, or
Similar Uses

C C C C C C C C
Automobile Fueling
Station — — — — — — — C
Barber or Beauty
Salon P — P P — — — P
Clothing Cleaners P* — P* P* — — — P*
Clothing and Costume
Rental Establishment P — P P — — — P
Community Care
Facility C — C C — — — C
Community Center C — C C — — — C
Convalescent Hospital C — C C — — — M
Copying, Packing and
Mailing Services P — P P — — — P
Day Care—
Commercial M — M M — — — P
Day Care—
Commercial (24-hour) C — C C — — — —
Equipment Rental P* — P* P* — — — —
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Walnut Village Specific Plan 5-38
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Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Fortune-Telling P — P P — — — P
Hospitals M — M M — — — —
Hotels C — C C — — — —
Laundromat, Self
Service P — P P — — — P
Masseur or Masseuse,
Day Spa, Acupressure C — C C — — — —
Self-Storage Facility C — C C — — — —
Library P — P P — — — P
Museums P — P P — — — P
Motel C — C C — — — —
Nightclub — — — — — — — —
Parks P — P P — — — P
Photographer P — P P — — — P
Printer, Blueprint Shop P — P P — — — —
Private Schools C — C C — — — C
Public Utility
Structures and
Facilities
M — M M — — — M
Schools Such as
Business Colleges,
Music Conservatories,
P — P P — — — P
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Walnut Village Specific Plan 5-39
Land Use and Development Standards
Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes Dancing Schools, and
Other Schools That
Offer Training In NonIndustrial Professions
Amusement Establishments2,3
Arcades—Pinball,
Video, and the Like C — C C — — — —
Dance Hall C — C C — — — —
Entertainment Centers C — C C — — — C
Golf, Driving Range,
Miniature, Pitch and
Putt
C — C C — — — —
Gymnasiums, Health
Spas, or Physical
Culture
Establishments Under
4,000 Square Feet in
Floor Area
P — P P — — — P
Gymnasiums, Health
Spas, or Physical
Culture
Establishments Over
C — C C — — — C
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Land Use and Development Standards
Table 5-10: Allowable Land Uses
Allowed land uses. The land uses and activities permitted by this Specific Plan, and the land use permit required to establish each use.

Prohibited land uses. Any table call indicated an “–“symbol indicates that the listed land use is not permitted in that specific subdistrict. Any use not listed is thereby prohibited.

Allowable land uses for the Highland Village (HV) Sub-District shall be consistent with the allowable land uses for the Community Commercial (C-1) zone in the Fontana Municipal Code.
“P”= Permitted; “M” = Minor Use Permit; “C” = Conditional Use Permit, provisions subject to Conditional Use Permit regulation in Municipal Code; “–“ = Not Permitted; “*” = Subject to special use regulations in this Chapter and Special Use Permit regulations Municipal Code.

Land Use or Activity GN2 GR4 GS3 GE GR1 GR2 GR3 GC Notes 4,000 Square Feet in
Floor Area
Smoking Lounge,
Hookah Lounge,
Vapor Lounge, ELounge
— — — — — — — —
Theater, Indoor C — C C — — — C
Indoor
Playground/Recreation P — P P — — — P
Other Uses2,3
Schools, Private or
Parochial C C C C C — — C
Schools, Public M P M M P C C M
Notes:
1 = Not permitted on the ground floor, except on Sierra Avenue. 2 = Residential uses in the Gateway North (GN) Sub-District only allowed with a Commercial component included. All first-floor components must be commercial. 3 = Commercial uses in the Gateway South (GS) Sub-District only allowed with Residential units included. 197
Walnut Village Specific Plan 5-49
Land Use and Development Standards

5.8 Non-Conforming Uses and Structures.

The provisions of the FMC pertaining to non-conforming uses and structures shall also pertain to the Walnut Village Specific Plan.

5.9 Accessory Uses and Structures.

Accessory buildings are defined as building(s) which are in support of the main building on the lot and subject to the building placement standards for accessory buildings.

Examples are private garages, carports, detached carports, storage buildings, workshops, hobby shops, and recreation rooms. Table 5-11: Accessory Structure Standards describes standards for accessory uses structures.

Table 5-11: Accessory Structure Standards
Attached Structures Detached Structures
Lot Size Allotted Total Area Lot Size Allotted Total Area less than one
net acre
shall not exceed 1,000
square feet or 25 percent
of the living area of the
principal residence,
whichever is greater.
less than one
net acre
shall not exceed 1,000
square feet or 25 percent
of the living area of the
principal residence,
whichever is greater.
one net acre or
larger but less
than two acres
shall not exceed 1,500
square feet or 25 percent
of the living area of the
principal residence,
whichever is greater.
one net acre or
larger but less
than two acres
shall not exceed 1,500
square feet or 25 percent
of the living area of the
principal residence,
whichever is greater.
two acres or
larger
shall not exceed 2,000
square feet or 25 percent
of the living area of the
principal residence,
whichever is greater.
two acres or
larger
shall not exceed 2,000
square feet or 25 percent
of the living area of the
principal residence,
whichever is greater.
* Detached garages are not included in the accessory structure square footage but are subject to overall lot coverage percentage. Lot coverages not specifically identified in zoning districts shall have a maximum lot coverage of 50 percent.

5.10 Temporary Uses and Activities.

Temporary uses or activities such as grand openings, promotional events, fundraising events, and similar special events may occur on the occasion within the Walnut Village Specific Plan area.

A. All Special Events and Temporary Uses and Activities shall be subject to the granting of a Temporary Use Permit in compliance with associated regulations in the Fontana Municipal Code.
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5.11 Special Uses.

The purpose and intent of this section is to provide minimum standards for the Special Uses within the Specific Plan area compatible with surrounding land uses and associated regulations the Fontana Municipal Code. These uses have unique and distinct impacts and may be capable of creating impacts to adjacent properties unless given special development and operating standards. The following uses are subject to the following specific development and operating standards:

A. Construction Trailer/Sales Offices.

1. A trailer used for construction offices, sales and rental, or watchman’s quarters is permitted at a construction site with the approval of a temporary use permit as required if:

The trailer is located on the same or adjacent premises as the construction project.

The trailer is used only during the period of construction. All trailers shall be removed prior to final project inspection.

B. Garage, Carports, and Driveways (Private).

Each parking stall within an enclosed garage or carport area shall have a minimum clear unobstructed area of ten feet in width by 20 feet in length. a. An encroachment into this clear space of up to 24 inches may be permitted on the wall opposite the garage vehicle entrance for storage, provided a minimum vertical clearance of four feet is maintained.

For single-family residences, garages shall have a pedestrian doorway from the garage into the dwelling.
a. Each garage shall also have direct pedestrian access, at least 32 inches wide, with a paved sidewalk leading from the garage to the driveway or sidewalk.

C. Private Swimming Pools.

1. All requirements related to private swimming pools in the Fontana Municipal Code shall apply for the installation of any private swimming pools, spas, and hot tubs or similar facilities.

D. Oversized Vehicle Parking.

1. Recreational house trailers, motor homes, campers, boats, and similar recreational vehicles may be parked on any residential property that is developed with a primary residence provided that the vehicle conforms to the following standards. 199
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Land Use and Development Standards
a. The vehicle, when parked, shall not extend into any public right-of-way, including sidewalks, private access easement, or the front setback area, excluding approved driveways in compliance with the motor vehicles and traffic regulations of the Fontana Municipal Code.
b. The vehicle shall not be lived in or occupied at any time. c. The vehicle, when parked, shall be registered to the property owner.

5.12. Parking and Access Standards.

This section provides standards for parking and accessibility within the Specific Plan area.

A. Reciprocal parking easements for adjacent land uses shall be permitted, subject to owners entering into a formal agreement.

B. Joint use of driveways for commercial properties shall be permitted when I can be demonstrated to minimize the number of ingress/egress points along a street. Any joint use shall be subject to owners entering into a formal agreement.

C. Parking areas or driveways shall not be used for storage purposes, with the following exceptions.

1. The Director of Planning or designee shall grant a temporary use permit process pursuant to the Fontana Municipal Code.

2. Commercial vehicles and trailers as defined by California Vehicle Code § 260 exceeding a manufacturer's gross vehicle weight rating of 10,000 pounds designed and/or used for commercial purposes shall not be parked or stored within any residential zone or on properties used for residential purposes, except while the operator of the subject vehicle is making normal deliveries or providing services to the residential premises.

3. No commercial vehicle, trailer, or recreational vehicle shall be parked on any property zoned commercial, industrial, open space, or on any premises containing any commercial, industrial, public, or semi-public use, except while the operator of the vehicle or trailer is patronizing or using the services of the commercial, industrial, public or semi-public use.

4. The storing of any commercial vehicle, trailer, or recreational vehicle in any commercial or industrial, public, or semi-public zone including but expressly not limited to any vacant lot, parking lot or parking space, is expressly prohibited, except in a lawfully approved and existing vehicle storage business. 200
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Land Use and Development Standards

5. No person shall park a vehicle upon a public or private street, parking lot, or any public or private property for the sole purpose of displaying such vehicle thereon for sale, hire, or rental, unless the property is duly zoned and licensed by the City to transact that type of business at that location. a. Parking vehicles displayed for sale on private residential or commercial property belonging to and resided in or occupied by the registered owner of the vehicle. No more than one vehicle shall be displayed for sale in any six-month period.
b. All motor vehicles, trailers, vessels, campers, and camper shells must be parked or stored on a fully paved surface with a City approved entrance/exit approach to the street. This shall not prohibit parking or storing of vehicles, trailers, vessels, campers, and camper shells in the rear yard behind a fence, wall, hedge, or other similar material so as to screen such parking from public view.

5.13 Standards for Signs.

The provisions of the FMC pertaining to signs shall also pertain to the Walnut Village Specific Plan.

5.14 Landscaping, Walls, and Fences.

All projects shall provide and maintain landscaping and irrigation in compliance with applicable sections of the Specific Plan and the City’s Municipal Code regulations related to hedges, walls, and fences.

A. Walls, Fences, and Combination Walls.

1. Height and Location.
a. Perimeter fences or walls that are within a front yard setback shall not exceed a height of three (3) feet.
b. Perimeter fences or walls that are located outside of a front yard setback shall not exceed a height of six (6) feet.

2. Design. The design of walls and fences shall be consistent and compatible with the overall project design and/or adjacent streetscape.

3. Prohibited Fence Types. Chain link, wood or similar fencing shall not be permitted within view from the public right-of-way.

5.15. Implementation and Administration.

A. Authority. The Director of Planning or designee are granted authority to administer all provisions of the Walnut Village Specific Plan in accordance with the provisions contained in this Specific Plan document and all governing and applicable state and 201
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Land Use and Development Standards
federal laws, the Fontana General Plan and Municipal code and any subsequent amendments or updates.

B. Unlisted Uses and Interpretation. Uses not specifically listed in the Development Plan Chapter 4 of the WVSP are not permitted. The Director of Planning or designee is granted the authority to interpret definitions for uses and activities that are not explicitly defined in Table 5-11 of this Chapter.

C. Density and Intensity Transfers. Transfer of residential dwelling units or commercial intensity within the Specific Plan may be subject to approval by the Director of Planning or designee compliance with Chapter 23 of the Fontana Municipal Code. 202
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Design Guidelines
Chapter Six
Design Standards
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Chapter 6.0: Design Standards

6.1 Introduction and Purpose
The Walnut Village Specific Plan Design Standards are intended to guide development that is quality, cohesive, and representative of the future vision for Walnut Village. The guidelines provide direction for proceeding with design projects and illustrate options and techniques that assist property owners, developers, architects, and others when determining the appearance, functionality, and design of new development.

The Walnut Village Specific Plan is unique due to the amount of existing single family residential developments in the Specific Plan area. As such, a fairly large portion of the area will remain untouched; with the remaining available land to be developed to not only support a new vision, but also able to conform and harmonize with the already existing character of the existing Specific Plan area. This introduces several influencing agencies and factors and makes it particularly important to have an established set of Design Guidelines to ensure thoughtful, high-quality, and cohesive design of all future development within the Specific Plan area.

6.1.1 How to Use the Design and Development Standards
The Design and Development Standards provide recommendations when completing a development project. These design standardsdo not replace regulatory considerations articulated in Chapter 5 of this Plan, rather shall complement them, and provide explicit guidance for designrelated considerations. Prior to submitting a project, applicants should review the Design Guidelines to ensure that their proposed development is in keeping with the character of the community and guiding principles envisioned for the Specific Plan area.

The Design Guidelines are not zoning regulations or development standards and do not supersede regulations or standards found in the Fontana Municipal Code. Where there is conflict between the Design Guidelines and other applicable City Design Guidelines, the Walnut Village Specific Plan will take precedence.

Projects must be consistent with the intent of the guidelines, however alternative design approaches that meet the intent of the Design Guidelines but are not expressly discussed within this Chapter may be considered by the decision-making body.

This document includes design guidance for the development of a variety of residential, office, and commercial projects. To emphasize the cohesive nature of the Specific Plan, the Design Guidelines are organized by area-wide design principles and supplemented with specific design guidelines to address unique consideration associated with certain uses. Graphics and diagrams are included to illustrate guideline intent and are not intended to show the only possible design treatment or design solution.

6.2 Area-Wide Design and Development Standards
Area-Wide Design and Development Standards that apply to all locations and development types within the Specific Plan Area. These Design and Development Standards shall compliment regulatory provision contained in Chapter 5 of this Specific Plan and are intended to provide overall design guidance to establish a cohesive and complimentary character and image. These Design and Development Standards shall be used in the design review stage to ensure general design objectives are considered and incorporated. The guidance contained in this section 204
Walnut Village Specific Plan Chapter 6-2
Design Guidelines
illustrate the City’s expectation of quality and design for all development and improvements in the Specific Plan area. It is a project applicant’s responsibility to consider and incorporate all guidance contained in this Chapter.

6.2.1 Key Area-Wide Design Objectives
The following area-wide design objectives shall be considered when designing projects and improvements in the Specific Plan area:
 Residential, commercial, and office structures shall be placed adjacent to one another in vertical and horizontal configurations, in compliance with minimum setbacks and other regulatory standards.
 Horizontal mixed-use setting or stacked with residential on top of commercial or office uses, design shall be designed to promote more urban, compact development.  Commercial and office uses shall be buffered from residential uses and activities by incorporating setbacks, step backs, landscaping and other appropriate methods.

6.2.2 Area-Wide Site Planning & Building Placement Considerations 205
Walnut Village Specific Plan Chapter 6-3
Design Guidelines
A. Building Placement and Orientation
 Building placement and orientation
shall incorporate the following design
considerations:
 Structures are placed to define,
connect, and activate open spaces as
usable plazas, parks, and gathering
spaces.
 Structures and improvements are
placed to define pedestrian and
vehicular corridors.
 Structures adjacent to pedestrian
walkways promote ease of access
and walkability.
 Direct linkages to high pedestrian use
areas such as pedestrian corridors,
parking structures, and open space are provided.
 Streetscape or public improvements compliment adjacent use(s), through architectural details additional usable space(s), or amenities.
 Ground-level finished floor of a structure is not significantly higher than the adjacent sidewalk.
 Plaza/courtyard spaces are not be associated with parking structures.  Open space(s) are designed and placed in association with the principal building.

B. Site Access, Service Area, and Utilities
 Site Access, Service Area and Utilities shall incorporate the following design considerations:

Pedestrian Access
 Pedestrian access points are easily
accessible and identifiable. .
 Primary building entries are visually defined
with entry plazas, pedestrian scale,
landscaping, and architectural details.
 Walkways are provided from the street to the
building if the entrance is not directly from
the sidewalk.
 Provide pedestrian links to adjacent sites
when possible.

Vehicular Access and Safety
 Vehicular Access and Safety shall incorporate the following design considerations:

Mixed-use building with commercial/office use on
ground floor and residential above
Entry courtyards and gathering spaces create a
sense of arrival and signify a pedestrian
entrance to a development.
206
Walnut Village Specific Plan Chapter 6-4
Design Guidelines
 Align Ingress and egress points on
adjacent properties to create
opportunities for four-way stops and
intersections.
 Orient parking structure entries away
from major roadways or primary
thoroughfares
 Screen parking structures with
landscaping or other natural features.

Services Areas, Trash Enclosures, and Utilities
 Service Areas, Trash Enclosures and Utilities shall incorporate the following design considerations:
 Screen service Areas, such as loading docks, utility areas, and back of house entrances with landscaping or vertical hardscape elements or incorporated within a building structure.
 Screen refuse, storage, and equipment areas from public streets and/or neighboring residential properties. Screening materials shall be compatible/complimentary with the design of adjacent architecture and include screening for portions visible from above.  Refuse enclosures shall be sized appropriate for the anticipated uses.  Properly and safely screen transformers, backflow preventers and other incidental utility features.
 Screening shall be compatible with primary building architecture, or by use of complimentary and durable materials.
 Landscaping alone will not be an acceptable form of screening.

Mid-block crossings provide safe street
crossing conditions for pedestrians and encourage
cars to slow down.

Smart technology can be integrated with refuse enclosures to facilitate clean, aesthetically pleasing spaces.
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Design Guidelines

6.2.3 Area-Wide Circulation Design Considerations
A. Bicycle and Pedestrian Circulation
 Bicycle and Pedestrian Circulation shall incorporate the following design considerations:
 Incorporate short- and long-term bicycle storage and locking options in commercial corridors.
 Establish walkability and enhance
pedestrian safety in pedestrian areas.

Utilize changes in ground materials,
patterns, or landscaping to define
pedestrian routes.
 Preserve privacy between pedestrians and
nearby residential uses or private open
space when designing walkways.
 Provide a landscaped planting area or
buffer between building facades and
walkways when appropriate.
 Minimize walking distances and enhance
pedestrian utilization.

B. Vehicular Circulation
 Establish efficient vehicular
movement from public streets to
internal parking areas.
 Accommodate multi-modal
transportation on roadway facilities.
 Design roadways with design features
and landscaping to aid driver
awareness, visibility, and safety.
 Avoid the use of long, straight drive
aisles to prevent speeding in
pedestrian areas.
 Site circulation permits ease of
emergency access on the entire site
and all buildings.
 Design features such as protected bike lanes, raised medians, planting or hardscape to C. Street Crossings
 Highly visible street crossings protect pedestrians by incorporating design features such as lighted crosswalks and signage, grade changes, material changes, and on-ground markings.
 Provide adequate crossing time or refuge areas for pedestrians of all mobility levels to safely cross.
 Incorporate mid-block crossings or other design features on long streets in high traffic areas to discourage unsafe pedestrian behaviors.

Future roadways are encouraged to provide
opportunities for multi-modal transit infrastructure,
including dedicated public transit lanes, bicycle
lanes, and pedestrian sidewalks.

Traditional bicycle racks, bike lockers, and
other innovative storage solutions provide
opportunities for multi-modal transit.
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Design Guidelines

6.2.4 Parking Design Considerations
A. Parking Facilities and Vehicular Access
General Guidelines
 Incorporate methods to distinguish or physically separate parking spaces by individual uses.
 Avoid Parking lots directly adjacent to public and private streets.  Parking structures or below grade parking access should be at the rear or sides of the project whenever possible.
 Screen charging units in islands of parking with landscape.  Accommodate electrical vehicle infrastructure in parking facilities.  Provide unobstructed visibility and clear delineations between pedestrian paths and vehicular travel aisles.

Parking Lot Design
 Single use, surface parking lots are highly
discouraged.
 Clearly delineate on site circulation shall not
impede traffic flow.
 Avoid the use of dead-end aisles. The use of
“hammer head” or vehicle turn around areas
may be acceptable in limited cases.
 Provide shade trees and/or shade structures for
surface parking lots.
 In order to avoid blocking pedestrian lighting or
restricting access to emergency facilities,
landscaping in parking areas shall be spaced
evenly.
 Drought tolerant landscaping is strongly
encouraged and all landscaping is required to
comply with Fontana Municipal Code Section
No. 30-667.

Electric vehicle charging spaces
located within a parking structure.

Design shade structures to take
advantage of solar opportunities and the
reduction of heat island effect.
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Design Guidelines
Vehicular Access
 Design vehicular access points to
parking facilities in a way that
minimizes interruptions to
surrounding roads, pedestrian paths,
bicycle paths, and alleys.
 Clearly identify vehicular access
points with signage, lighting, and
landscape features .
 Design controlled access points on
parking lots and parking structures to
be set back to accommodate
queuing of cars at primary entrances.

Pedestrian Circulation in Parking Lots
 Clearly delineate pedestrian
circulation from automobile circulation
with landscaping, walkways, and
decorative hardscape.
 Incorporate signage, curb ramp
features, bollards, or other features
that clearly delineate pedestrian
crossings at driveways and major
circulation aisles.
 Parking area pedestrians’ circulation
is parallel to moving cars. Minimize the
need for pedestrians to cross parking
aisles and/or landscaping islands to
reach building entries.
 Defined pedestrian access points
between parking facilities and adjacent uses with signage, floor material changes, bollards, painted walkways, separated walkways, and landscaping.  Drop off areas that do not conflict with the regular flow of traffic.

Entry signage and monumentation assists visitors
with wayfinding throughout the community.

Pedestrian refuge/walkway adjacent to a
parking lot.
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Design Guidelines
B. Parking Structures
Site Organization
 Encourage the use of multi-use
parking structures to make the best
use of land within the Specific Plan
area. Allocate at least one structure for
multiple businesses that may
accommodate mixed-use
developments.
 Do not locate parking structures and
garages on lots adjacent to local
streets. Prioritize that space for
pedestrian-serving uses, such as
commercial storefronts.
 Parking structures provide visual
interest through façade and
architectural design elements.
 First- and second-floor exterior design solutions to reduce visibility of cars from the public realm.
 Do not associate plaza or courtyard spaces with parking structures. Design open space and places in association with the principal building.

Parking Structure Design
 Exterior elevations of the parking
structure include horizontal or
sloping design elements, consistent
with the look and feel of adjacent
structures.
 Stairwells match the architectural
style of the overall structure.

Creative methods of blending
stairwells, whether internal or
external to the building, are
encouraged.
 Stairwells lead to the interior of the
structure or into areas that are at
least partially open or visible from
the exterior.
 Stairwell exits lead out onto to the street or into another public space.  Translucent building materials such as glass are provided for higher visibility throughout the structure.

The design of stairwells within parking structures
shall lead directly out to a public space and are visible from outside of the structure.

Incorporate architectural elements specific to
the Specific Plan area in parking structures.
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Design Guidelines
Parking Structure Lighting
 Parking structures are well lit
throughout the entire structure for
pedestrian safety.
 Use a combination of floor, wall,
ceiling, and free-standing light
fixtures in stairwells, elevators, and
all pedestrian walkways to minimize
unlit, dark areas.
 Provide a minimum of 5 footcandles of illumination inside the structure. Incorporate higher
lighting levels throughout remote
portions of the structure.

6.2.5 Architectural Design & Character Considerations
A. Architectural Character
 Design buildings shall emphasize a
clear architectural style that is
properly articulated and detailed.
 Maintain consistency with the
architectural style of the existing
building when designing building
additions or revitalization efforts to
existing structures.
 Architectural elements blend
buildings into on-site open space
components that create a cohesive
design.
 Buildings compliment the
architectural style of the
surrounding area .
 New projects should be pedestrian-oriented and encourage walkability through architectural design.

B. Form and Massing
General Guidelines
 Architectural design clearly defines the ground floor, roof lines and entry points of a building.
 Upper floors include variations in the façade plane to create contrast, allow for balcony or other amenities, or enhance architectural elements.
 Design multi-story buildings to lessen the impact on surrounding uses.

Design underground garages to be well lit
throughout the structure.

Design developments to be consistent with the
architectural style of existing structures.
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Design Guidelines
 Design multi-story buildings to
include horizontal architectural
elements such as banding,
windows, trim, awnings, eaves, or
other ornamentation.
 First-floor elements on multi-story
buildings, including arches,
trellises, or awnings, at a human
scale to ensure that large
structures are contributing to the
character of the streetscape.
 Buildings area designed so all
faces of a building, no matter
if visible from a current public
space or not, receive equal consideration regarding design features and architectural interest.

Pedestrian Entryways
 Entryways include high quality, durable
materials that match the building they
are associated with.
 Entryways are in scale with the
associated building and use.
 Primary entries provide architectural
articulation for ease of identification and
provide shielding from the weather.
 Major entryways provide sight lines from
building interiors towards the outside of
the building.
 Landscaping or planters identify
entryways.

Design entryways to include special paving,
lighting, and design unique to the building
occupant.

Design buildings to use a variety of colors and materials. 213
Walnut Village Specific Plan Chapter 6-11
Design Guidelines
Roof Design
 Roofs provide an equal level of design
treatment on all elevations and provide
design details that reduce horizontal and
vertical mass and scale.
 Roof design is complementary to adjacent
roof forms.
 Roof forms provide variation and
architectural interest.
 Roof elements and design features (e.g.,
pitch, materials, eaves, dormers, etc.) are
consistent on all elevations, including those
that are not visible from the public-right-ofway.
 Roof designed provides screening of roof mounted equipment.

Wall Articulation
 Long building façades provide articulation and variation of different sections of the building. Vertical and horizontal design elements, including windows, banding, glass tinting or colored glass elements, or material changes break up large façades.  Articulation and architectural details provide changes in wall plane on all sides of a building.

A. Materials and Colors
 Exterior materials, textures, and colors are
appropriate for the architectural style, theme of
the building, and contribute to the visual quality
of the area.
 Colors and materials are durable and do not
readily deteriorate if exposed to natural
conditions such as rain, wind, and sun.
 Materials such as brick, stone, copper, etc. in
their natural appearance. Such materials do not
appear thin or artificial. Wrap corners and avoid
exposed edges when using veneer.
 Use color to accent architectural details.

Mixing 2- and 3-story elements creates a
varied roofline and building profile.

Choose colors and materials that
appear natural and complementary of the
architecture of the building.
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Design Guidelines
B. Green Building Design
 Building design and orientation accesses natural light and ventilation and reduces energy consumption.
 Rooflines are oriented toward the
sun’s path to take advantage of
maximum solar gain.
 Buildings area oriented to utilize
natural breezes for passive
cooling.
 Materials and ventilation
technologies that minimize
environmental impacts, reduce
energy and resource
consumption, and promote longlasting development are
incorporated to the extent
feasible.
 Incorporate green roofs or vertical garden elements where possible in new developments.

Design all buildings to accommodate rooftop solar
infrastructure or other sustainable green building
techniques.
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Design Guidelines

6.2.6 Public Realm Design Considerations
A. Placemaking Elements
 Awnings and canopies or other architectural elements over doorways, windows, patios, and pedestrian walkways create architectural interest.
 Bike racks, transit shelters, and other transit supportive uses are easily accessible and incorporated into the overall design of a site.
 Bikeways are designed to encourage their use, while also discouraging the use of sidewalks and undesignated vehicle lanes as riding lanes.  Stormwater remediation and other Low Impact Development (LID) techniques into streetscape is incorporated into the overall site design where feasible.

B. Walls and Fences
 Design walls for compatibility with the adjacent building’s design in terms of the proportion, scale, and form of the walls.
 Keep walls and fences as low as possible while performing their functional purpose.  Utilize landscaping to visually soften blank surfaces.  Complement the style and character of surrounding architecture through the colors and materials of walls and fences.
 Utilize visually penetrable material (e.g., wrought iron or tubular steel in combination with natural stone or brick columns in decorative shapes and configurations) in areas of high pedestrian activity and areas adjacent to street frontage.

C. Signage and Wayfinding
All signage is subject development regulations within the FMC. 216
Walnut Village Specific Plan Chapter 6-14
Design Guidelines
Building Identity Signs
 Use building identity signs to clearly display
the use within the building and orient said
signs towards the primary adjacent
thoroughfare.
 Ensure building identity signs are placed
prominently on the top half of the building
and visible.
 Designate building identity signs as a
component of the overall building and
complement the architecture of the building.
 Review building signs for proportional to the
corresponding façade.
 Include lighting on building identity signs to
increase visibility at night.

Pedestrian Oriented Signs
 Create consistency with adjacent
architecture style and design elements
when designing awnings or canopies.
 Place directional wall signs within parking
structures associated with a particular use.

Monument Signs
 Monument signs are to be easily viewed
and understood from eye level by
pedestrians or from a vehicle.
 Place monument signs at entrances to a
site or in public spaces adjacent to building
entryways to indicate nearby businesses
or residential complexes.
 Landscape monument signs at the base
where possible to soften the appearance of
hard lines.
 Creatively integrate monuments into
surrounding elements of the development
area.

Wayfinding Signage
Locate building signage in a visible area to
identify the uses within.

Use small, pedestrian-oriented signs.

Monument signs must be creatively
integrated into surrounding elements.
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Walnut Village Specific Plan Chapter 6-15
Design Guidelines
 Avoid placing wayfinding signage within direct
pedestrian zones or obstructing pedestrian
traffic flow in any way.
 Provide clear and easy to understand
wayfinding signage for pedestrians and
motorists.
 Design wayfinding signage that is associated
with an individual use (commercial, residential,
office) that is consistent in look and size with
other signs of the same use to provide easier
identification of buildings for pedestrians and
motorists.
 Use creative approaches to wayfinding that
utilize existing vertical elements such as
streetlight banners and clustered columns.
 Complement the color and finish of the
surrounding streetscape and architectural
elements with all signage and associated
components.
 Design wayfinding elements to accommodate
a variety of users, including visually and hearing impaired.  Cluster signs together where appropriate for ease of wayfinding and decrease the need for multiple poles within walkways.

D. Lighting
General Lighting Guidelines
 Design lighting for functionality and contribution to the overall design quality.  Lighting of private roadways and bikeways shall comply with relevant standards published by the Illuminating Engineering Society (I.E.S.).
 Provide safety and security in vehicle entrances, driveways, parking and service areas, pedestrian entrances, walkways, and activity areas through a sufficient level of lighting.

Cluster and design wayfinding signage
in a cohesive manner.
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Walnut Village Specific Plan Chapter 6-16
Design Guidelines
 Design all outdoor lighting to be “dark
sky” compliant, which aims to mitigate
the negative impacts of light pollution.

Minimize direct light and glare onto
adjoining properties through light
designs and location.
 Use energy efficient technologies on
lighting fixtures such as LED bulbs to
reduce energy consumptions where
feasible.
 Accent lighting is encouraged to highlight
architectural details on buildings and
pedestrian and vehicular signage.

Accent lighting in prominent landscaping
areas along pathways is encouraged to
highlight primary or celebrated entrances
into public and private spaces.
 Choose lighting using appropriate
shielding, landscaping, and building
placement, so as to minimize impacts to
nearby residentially developed
properties.
 Incorporate site lighting into hardscape
materials such as steps, railings, and
paving.
 Match light fixtures with the character of
surrounding buildings and public realm
elements within the immediate vicinity to
reinforce the design theme.
 Design security lighting as part of a
comprehensive lighting plan.
 Avoid overhead service wires or exposed conduits.
 Design lights within parking lots with
decorative raised bases to protect them from
damage by vehicles.
 Arrange lighting in parking areas to prevent
direct glare into adjacent dwelling units and
onto neighboring uses/properties.

Lighting in Pedestrian Spaces
 Encourage pedestrian-scaled lighting on
sidewalks for street illumination.
 Provide lighting in a relatively even pattern to
reduce dark areas along pedestrian
corridors.
 Illuminate all pedestrian areas through the design and placement.

Appropriately scale street lighting to minimize
unintended glare into surrounding uses.

Design covered lighting along pedestrian
walkways to avoid glare.
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Design Guidelines

6.2.7 Public/Private Art Installations
 Avoid placing freestanding art
installations within the pedestrian
walkway or any other area where
they may impede the intended use of
that area.
 Reinforce the local history or
regional cultural themes within the
City of Fontana and the Specific Plan
area through public and private art.
 Incorporate appropriate murals,
living walls, or bas-relief to break up
large solid planes in blank wall
spaces, wherever and whenever
appropriate.
 Place public or private art in prominent areas as a centerpiece to open space or plaza spaces. Design art installations to be well-lit, maintained, and easily accessible to the general public.
 Implement interactive art pieces that are meant to be climbed or sat on. Such interactive art pieces shall meet the safety requirements outlined in the most recent version of the California Access Compliance Advisory Reference Manual regarding playground design standards.
 Do not conflict public and private art with visual or physical access to signage.

6.2.8 Open Space & Paseos
A. General Open Space Guidelines
 Provide sufficient open space lighting
throughout the entire area with clear site
lines to promote safe use of the area.
 Provide an interactive open space
component with experimental activities
provided for users of all age groups.
 Provide site amenities in publicly
accessible open spaces that encourage
pedestrian use. Benches, seating areas,
bike racks, art, water features and other
appropriate amenities are strongly
encouraged.
 Buffer designated open space areas to
create relief from the noise and traffic of
adjacent streets of other incompatible
uses.
 Locate play areas away from public streets, parking, or entry areas unless physically separated by appropriate walls, fencing, dense landscaping, or another adequate physical barrier.

B. Public Open Space
Select public art pieces that upholds local history.

Design public open spaces within the
Specific Plan area to be flexible spaces with
established foliage.
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Walnut Village Specific Plan Chapter 6-18
Design Guidelines
 Design inviting public open spaces and provide multiple connection points from adjacent uses.
 Shade public open spaces using trees (see landscape plant palette for recommended trees) or shade structures. Where possible, locate seating areas under urban tree canopies to take advantage of shade opportunities.
 Public open spaces can take the form of pocket parks, plazas, or centrally located gathering places.

C. Private Open Space
 Private open space is physical space that is not accessible to the general public and typically accessible only to the owner/tenant of a residential unit or commercial building.  Design private open spaces associated with a particular use to be adjacent to that structure, when possible, to allow ease of use.
 Design open spaces, courtyards, and circulation corridors to be visible from as many dwelling units as possible for safety.
 Private open space may be gated or physically separated using structures or landscaping.  Design clearly visible entry gates and accentuate them using decorative paving or architectural treatments.
 Utilize landscaping and other methods to visually screen utilities and equipment associated with nearby uses.

Entry signage and wide pedestrian
walkways/trails help to create a safe and enjoyable
pedestrian experience.

Within public and private spaces, incorporate a
mixture of softscape and hardscape areas to
provide for a variety of programming.
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Walnut Village Specific Plan Chapter 6-19
Design Guidelines

6.3 Multi-Family Residential Design and
Development Standards
This section provides additional design guidance regarding multi-family residential projects within the Specific Plan area. Implementing projects should apply the guidance discussed in this section in conjunction with the Area Wide Common Design Guidelines located in Section 6.2.

Implementation of guidelines in these sections will create a cohesive complementary environment throughout the Specific Plan area.

6.3.1 Key Multi-Family Residential Design Objectives
When designing projects and improvements in the Specific Plan area, consider the following multifamily design objectives:
 Site multi-family buildings to promote privacy while maximizing resident accessibility through pleasant pedestrian walkways and vehicular thoroughfares.  Utilize landscaping, buffers, setbacks, scale, and massing to maintain compatibility with existing buildings surrounding the development.
 Design sites to include pedestrian and bicycle access, along with access to multiple ingress and egress points.
 Avoid single surface parking designs and look for more structured parking to allow more use of the project site.

6.3.1 Site Planning & Building Placement Considerations A. Building Placement & Orientation
Design parks in accordance with nearby uses and
architectural styles.

Design office parks to provide amenities,
seating, and recreation spaces for workers to
use during breaks.
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Design Guidelines
 Utilize appropriate buffers, scale, and
massing that maintains compatibility
between multi-family residential
developments and the surrounding
development.
 Utilize appropriate setbacks, step
backs, and landscaping to buffer
multi-family buildings from adjacent
uses or the public realm.
 Orient buildings to promote privacy
for individual residential units to the
greatest extent possible.
 Centrally locate residential support
facilities to maximize their
accessibility and use by residents.
 Orient residential buildings to actively face the front primary streets.

B. Site Access, Service Areas, and Utilities
Pedestrian Access
 Provide secured entry residential
communities with multiple pedestrian
access gates at various points along
the perimeter of the community that
lead to community hubs.
 Establish individual entries with a
strong relationship to a fronting street,
internal walkway, or private open space
area as appropriate to the overall siting
concept.
 Provide a transitional area from the
public space to the private dwelling
unit.
 Locate walkways in a way that minimizes the impact of pedestrians on nearby private residences or private open space.

Vehicular Access
 Coordinate driveway entrances to maintain compatibility with existing or planned median openings and line up with driveways on the opposite side of the public roadway.  Treat vehicular access areas with special hardscape and landscape elements that “introduce” the residential development.

Service Areas, Trash Enclosures, and Utilities
 Locate refuse enclosures throughout residential communities or structures in areas that are convenient for residents.

When possible, face buildings onto private open
space.

Courtyards can serve as transitional spaces
leading from the sidewalk to private units.
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Walnut Village Specific Plan Chapter 6-21
Design Guidelines
 Design exterior trash enclosures to be compatible with building architecture and comply with the minimum standards in Section 5.7 of this plan.

6.3.2 Circulation Design
A. Pedestrian and Bicycle Circulation
 Provide direct connections between
residential units and on-site amenities
using pedestrian walkways.
 Provide direct connections between
internal pedestrian and bicycle circulation
routes with collector pathways throughout
the Specific Plan area.

B. Vehicular Circulation
 Connect internal circulation networks within residential communities by providing multiple ingress and egress connections to the surrounding Specific Plan area roadways.

6.3.3 Parking Design
A. Parking Facilities and Vehicular Access
 Number and assign parking spaces with the specific unit associated with residential developments.
 Physically separate and mark residential spaces in single parking areas that are associated with residential use and non-residential use.  Locate guest parking and drop-off/pick-up areas adjacent to the main building or lobby in residential developments.
 Minimize surface parking in which the majority of parking are in structures or underground.  Site carports and tuck-under parking so that it is not visible from the public realm.  Utilize controlled access in multi-family residential communities for increased safety and parking control.
 Locate residential spaces as close as possible to its specific unit.

B. Parking Structures
Site Organization
 Utilize wrap or podium style design for future
residential development with residential uses
either surrounding or directly above parking
structures when feasible.
 Site parking structures between residential units
and nuisance areas as a buffer to minimize the
impact on residents.

Parking Structure Design
 Locate guest parking near garage
entrances to be easily visible upon
immediate entrance to the structure.

Link pedestrian trails to residential units
and common spaces to surrounding open space.

Parking structures serve as great noise
buffers between residential and other uses.
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Walnut Village Specific Plan Chapter 6-22
Design Guidelines
 Utilize special accents that define the main entry, create territorial reinforcement, and provide visual interest.
 Orient garages away from street view.

6.3.4 Parking Design
A. Architectural Character
 Focus architectural style on constructing a
high-quality residential environment as there
are no defined architectural styles within the
Specific Plan area.
 Maintain architectural design compatibility
between all separate support structures
within multi-family residential developments
(i.e., laundry facilities, recreation buildings
and sales/lease offices) with the rest of the
complex or integrated within the structure.
 Apply a high level of architectural design
quality to each façade of a residential
structure, whether visible from the public
realm or on-site or off-site private development.

B. Form and Massing
 Utilize individual stoop entries for ground floor units at the project’s perimeter – especially along any public street or walkway.
 Utilize bay windows, recessed or projecting balconies, and porches to add visual interest to residential buildings while reducing the scale and massing of buildings.  Utilize windows, transoms, openings in the wall place, or translucent materials for the inside of stairwells and enclosed walkways to maintain visibility from the exterior.

C. Materials and Colors
 Establish a varied color palette within multi-family developments that contribute to an overall aesthetic theme for the development.
 Utilize material and color changes to highlight changes in building planes.  Utilize natural or muted tones as the predominant colors for residential buildings and separate accessory structures.
 Utilize accent colors or materials to complement the primary color scheme for a development.

6.3.5 Open Space and Paseos
A. Public Open Space
Design support structures within multi-family
residential developments to be compatible with
architectural design.
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Walnut Village Specific Plan Chapter 6-23
Design Guidelines
 Organize internal pedestrian and bicycle
ingress and egress points that easily
connect residents with off-site public open
space opportunities for private residential
developments.
 Establish clearly defined and physically
separated boundaries between common
and private open space through use of
planting or low walls.
 Encourage community open space on roof
tops for residents of multi-family
developments, where feasible.

B. Private Open Space
 Allow residents access to usable open
space for recreation and social activities.
 Establish connections throughout open
space areas within a residential community
with internal walkways or paseos.
 Provide for a variety of uses within common
private open space areas. This may include
different pool areas, play gestures geared
towards children of all ages, and pet
spaces.
 Utilize landscaping to separate private open
space associated with a unit
(porches/balconies) on the first level from
areas of pedestrian activity for privacy.

6.4 Commercial Design and Development
This section provides guidance for commercial projects within the Specific Plan area.

Implementing projects should apply the guidance discussed in this section in conjunction with the Area Wide Common Design Guidelines located in Section 6.2. Implementation of guidelines in these sections will create a cohesive complementary environment throughout the Specific Plan area.

6.4.1 Key Commercial Design Objectives
When designing projects and improvements in the Specific Plan area, use the following commercial design objectives:
 Commercial Developments to promote engagement from the active street front while maximizing residential privacy if adjacent.
 Utilize landscaping, buffers, setbacks, scale, and massing to maintain compatibility with existing surrounding development.
 Ensure all equipment is adequately screened and out of the public eye.  Design site to engage pedestrians and bicyclists, while providing effective safety measures form vehicles.

Secure tot lots and other private open
space for safety.

A combination of landscaping and walls
provide separation between private open
space, walkways, and common open spaces.
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Walnut Village Specific Plan Chapter 6-24
Design Guidelines

6.4.1 Site Planning and Building Placement Considerations A. Building Placement and Orientation
 Site free-standing buildings along street
frontages, when possible. Buildings sited
along street frontages in conjunction with
landscaping treatment helps to screen
parking areas.
 Encourage pedestrian activity through
building siting and design.
 Site commercial buildings in high visibility
areas such as main thoroughfares or
corner conditions to increase visibility and
access to future commercial development.
 Utilize entryways from all high-volume
areas, including access from sidewalks
and parking areas to commercial buildings and restaurant uses.

B. Site Access, Service Areas, and Utilities
Pedestrian Access
 Accommodate flexible spaces for outdoor
sales (in compliance with Fontana
Municipal Code Sec. 30.491 – Special Use
Regulations) and seating associated with
commercial uses that does not impede the
pedestrian path of travel.
 Avoid physical barriers that separate
pedestrians from commercial storefronts.

Vehicular Access
 Minimize the number of curb cuts adjacent
to commercial storefronts for safety and
increased walkability. Consolidate
vehicular entrances and avoid ingress and egress from primary roadways, where possible.

Services Areas, Trash Enclosures, and Utilities
 Provide adequate space in loading and unloading zones for maneuvering into and out of a loading position. Design such areas to integrate with the entire development.

Commercial uses located at intersections
are more visible and create opportunities for
gateway architectural features.

Design outdoor eating areas to be separated
from the public realm through low walls, while
remaining mostly open.
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Design Guidelines

6.4.2 Circulation Design
A. Pedestrian and Bicycle Circulation
 Utilize pedestrian walkways to physically
separate pedestrians and vehicles and
decrease areas of interaction between the
two.
 Site bicycle parking facilities in areas that
are easily accessible from bikeways and
out of the pedestrian walkway.
 Establish bicycle paths that are
identifiable to decrease the need for
bicycles to use sidewalks.
 Avoid creating low-visibility corners or
dead-ends within the pedestrian walkway for safety purposes.

B. Vehicular Circulation
 Utilize a series of smaller streets to create walkable blocks when allowing vehicular access to commercial uses within the Specific Plan area. Vehicular access off of side streets and alleys decreases the number of conflict areas between pedestrians and vehicles.

6.4.3 Parking Design Considerations
A. Parking Facilities and Vehicular Access
Use of multi-use parking structures is highly encouraged to make best use of land within the Specific Plan area. Single-use surface lots are discouraged.

Parking Area Design
 Produce the shortest route of travel from a
building entrance to parking space.
 The use of common or shared driveways
is encouraged.
 Locate drop-off and pick-up areas,
including short-term parking, near
pedestrian entrances.
 Place drop-off and pick-up areas out of the
main flow of traffic when parallel to streets
or drive aisles.
 Scale adjacent buildings with landscaping
when fully mature, in and around
parking areas.

Vehicular Access
 Provide access to commercial loading docks off alleyways or private roads to minimize disruption of commercial activities.
 Parking aisles must have the same width as the curb cut when parking is provided on the access drive.

Pedestrian Circulation in Parking Lots
Incorporate on-site and off-site bicycle path
connections into Commercial development design.

Pick up areas shall be not conflict with main
travel lanes.
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Walnut Village Specific Plan Chapter 6-26
Design Guidelines
 Provide pedestrian walkways within the parking lot or structure that leads to accessible entrances.
 Provide pedestrian paths that have clear and
unobstructed visibility.

B. Parking Structures
Site Organization
 Incorporate first floor retail uses in parking
structures and garages that are placed
directly adjacent to the public realm to enliven
the street scene and serve residents,
employees, and visitors to the Specific Plan
area.

Parking Structure Design
 Creative first- and second-floor exterior
design solutions are encouraged to address
visibility of cars from the public realm.

Examples may include open-air or
screening approaches, such as exterior
decorative panels attached to the surface of
the structure or living green walls.
 Implement special accents that define the
main entry to create territorial reinforcement
and provide visual interest. Examples
include architectural detailing, specialty
lighting, textured paving, a hardscape
decorative border strip along the driveway,
and accent paint materials.

Raised pedestrian walkways create a safe
environment when walking through parking
lots.

First floor commercial uses can enhance
the streetscape next to parking structures.
229
Walnut Village Specific Plan Chapter 6-27
Design Guidelines

6.4.4 Architectural Design and Character
A. Architectural Character
 Emphasize a single architectural style in
building design. If a commercial development
has multiple separate structures, identical or
complementary architectural styles are ideal.
 Apply a “360° design” to building architecture,
meaning features are consistent on all faces of
a development, whether visible from the public
realm or not.

B. Form and Massing
General Guidelines
 Incorporate first-floor elements, including
arches, trellises, or awnings, at a human scale
in tall, dominating structures to ensure that large
structures are contributing to the character of
the streetscape without distorting the pedestrian
appeal. Commercial storefronts must appeal to
pedestrians, not vehicles.
 Maintain consistency with the overall building's
scale when designing the size and scale of
doors and display windows.

C. Materials and Colors
 Design commercial storefronts
to be unique and expressive of
the goods/services offered
within.
 The use of natural stone, wood,
and brick in commercial
storefronts is encouraged.
 “Corporate architecture” that
signifies a particular retailer is
discouraged. Identify individual
retailers through signage.

D. Building Frontages/Storefronts
 Compose commercial storefronts primarily of glass or other translucent materials to provide visibility of products or space inside the building.  Feature windows at the pedestrian level prominently.
 Orient commercial storefronts towards the pedestrian realm through façade articulation, signage, and lighting.

Design commercial and restaurant storefronts to be
distinctive and have definitive entries.

Delineated entrances with
articulation, color and material changes,
and architectural detailing such as arches.
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Walnut Village Specific Plan Chapter 6-28
Design Guidelines

6.4.5 Architectural Design and Character
A. General Open Space Guidelines
 Implement landscaping to enhance the visual quality of commercial developments.  Utilize landscaping to highlight areas of importance and to buffer/block unsightly views such as back-of-house facilities or utility
areas.
 Provide commercial uses adjacent to the
public realm opportunities for outdoor
seating or sales, to enliven street scenes
(outdoor sales in compliance with Fontana
Municipal Code Sec. 30.491 – Special Use
Regulations).
 Public open space located within
commercial areas are to be flexible in
nature and provide opportunities to host
special events, such as movies in the
park, food truck gatherings, subject to
Fontana Municipal Code Section 19-3. –
Special Permits.
 Design pedestrian paseos as an open space, including but not limited to the incorporation of seating, shade, and entertainment opportunities.
 Planters and pots placed in building recesses or along pedestrian walkways are encouraged, provided they do not block pedestrian circulation.  Planters and pots must complement the architecture of the surrounding buildings.

Well-designed, translucent storefronts help to draw
customers into commercial uses.

Flexible public spaces such as plazas or lawn
spaces allow for multiple uses to be
accommodated within a single area.
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Walnut Village Specific Plan Chapter 6-29
Design Guidelines
B. Private Open Space
 During all business hours, allow private
open space associated with
commercial developments to be
publicly accessible.
 Private open space must be wellmaintained with high-quality fixtures and amenities.
 Provide commercial developments
with open spaces that are usable by
consumers of all ages and abilities.

6.5 Office, and Public Facilities Design
and Development
This section provides additional guidance regarding office and public facility projects within the Specific Plan area. Implementing projects should apply the guidance discussed in this section in conjunction with the Area Wide Common Design Guidelines in Section 6.2 of this Chapter.

6.5.1 Key Office and Public Facilities Design Objectives The following design objectives for Office and Public Facilities shall be considered when designing projects and improvements in the Specific Plan area:
 Site buildings away from residential development through the use of extensive landscaping and other appropriate measures.
 Provide clear ingress and egress access points for office uses.  Design pedestrian and bicycle access to office uses in order to provide residents with alternative modes of transit to work.
 Encourage the design of structured parking to preserve space on the site.  New Office and Public Facilities shall be buffered from residential uses and activities.

6.5.2 Site Planning and Building Placement Considerations A. Building Placement and Orientation
 Provide adequate buffer between office uses
and surrounding development through the
use of extensive landscaping, increased
setbacks and appropriate building orientation
and massing.
 Consider sensitivity in site planning for
industrial development that are adjacent to
existing development.
 Arrange buildings in a way that provides
convenient access to transit stops.

B. Site Access, Service Areas, and Utilities
Pedestrian Access
Design outdoor components to be inviting, and
accessible to individuals of all ages.

Place landscaping and walkways to be
proportionate in scale to office and light
industrial buildings.
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Walnut Village Specific Plan Chapter 6-30
Design Guidelines
 Utilize landscaping, fences, or railings on pedestrian walkways to physically separate internal and external streets and alleys.
 Clearly define primary access points to buildings and pedestrian spaces using accent paving, signage, or other architectural details.

Vehicular Access
 Locate ingress/egress points to provide separate access for large trucks and office employees/visitors.

Services Areas, Trash Enclosures, Utilities
and Storage Areas
 Place all installed equipment,
electrical, and service rooms within
the footprint of the structure. Do not
attach any equipment to the outside of
the structure.
 Screen storage and service areas
from view with walls that are
consistent with the architectural style
of the building.
 Provide adequate space for
maneuvering into and out of a loading
position in loading and unloading
zones. Design loading and unloading
areas in a fashion that integrates with
the entire development.
 Utilize a combination of walls and
landscaping to screen areas used for
loading, refuse, storage, and
equipment.
 Enclose trash enclosures with solid
block walls that are roofed, allowing
pedestrian access by gate.

6.5.3 Circulation Design
A. Pedestrian and Bicycle Circulation
 Incorporate pedestrian and bicycle connections within the development to outside paths to provide linkages throughout the development, throughout the community, and as an alternative means of commuting to work.
 Clearly delineate pedestrian and bicycle paths on roadways that may experience increased truck traffic due to a variety of industrial and office uses.

B. Vehicular Circulation
 Maintain efficiency in regard to vehicular ingress and egress to the site.  Design internal large-truck travel lanes to provide direct access to bays or drop-off areas.

Equipment shall be internalized within the shell
of the building.

Design trash enclosures walls to be roofed and
enclosed, with access by pedestrian gate.
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Walnut Village Specific Plan Chapter 6-31
Design Guidelines

6.5.4 Parking Design
A. Parking Facilities and Vehicular Access
General Guidelines
 Locate and design parking spaces to produce the shortest route of travel from a building entrance.

Parking Lot Design
 Physically separate any large truck travel
paths located near entry points from
parking lots for consumers and visitors.
 Discourage large parking lots from
dominating the aesthetic of office projects.

Allow parking areas to split into multiple
smaller lots or garages.

Vehicular Access
 Provide adequate space for vehicle
maneuvering to accommodate the turning
radii of large trucks, when appropriate,
and promotes on-site circulation.
 Provide access to commercial loading
docks from alleys or private roads to minimize disruption of commercial activities.  Allow sufficient driveway length between the street and the first internal drive aisle to allow for queuing of large trucks without blocking internal circulation.

B. Pedestrian Circulation in Parking Lots
 Utilize landscaping, including the use of mounded berms, trees, and shrubs, to screen parking lots adjacent to public rights-of-way that have raised or separated pedestrian walkways.

C. Parking Structures
 Allow parking structures near the Baseline/Sierra Avenue transit stop to accommodate regional users and encourage their activity throughout the Specific Plan area.

Site Organization
 Incorporate first floor retail uses in the event that parking structures and garages are placed directly adjacent to the public realm to enliven the street scene and serve residents, employees, and visitors to the Specific Plan area.
 Allow subterranean parking structures to promote an urban feel. Subterranean parking structures are not required to include step-back elements in massing, wrapped with other uses, or designed with visually interesting facades.

Parking Structure Design
 Encourage creative first- and second-floor exterior design solutions to address visibility of cars from the public realm, including open-air or screening approaches such as exteriorcolored panels or living green walls attached to the surface of the structure.  Utilize special accents that define the main entry, create territorial reinforcement, and provide visual interest. Examples include architectural detailing, specialty lighting, textured Design parking lots to be heavily screened
from visibility from surrounding uses.
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Walnut Village Specific Plan Chapter 6-32
Design Guidelines
paving, a hardscape decorative border strip along the driveway, and accent paint materials.

6.5.5 Architectural Design and Character
A. Architectural Character
 Maintain a high level of architectural
character for office and public facilities that
is compatible with adjacent developments,
regardless of use.
 Avoid long, blank façades. All façades of a
building must contain the same high level
of architectural quality.

B. Form and Massing
General Guidelines
 Utilize similar scale and massing for new
office development to adjacent existing
and planned future development.
 Allow for more aesthetically elaborate components of office buildings utilizing glass or other materials to indicate a professional
setting.
 Allow building heights, massing, and
articulation to define different functions such
as offices and warehousing.

Roof Design
 Utilize physical barriers such as parapets to
hide all rooftop mechanical equipment from
sight. Allow large facilities to place visible
mechanical equipment towards the middle of
the roofline to decrease visibility.
 Maintain compatibility between the design of parapets and the architecture of the building.

Wall Articulation
 Allow wall articulation in office buildings to be
pronounced and scaled appropriately to the
size of the overall building.
 Maintain a consistent rhythm and flow of articulation across the entire façade of the building.

C. Materials and Colors
 Utilize materials that withstand vandalism, accidental damage, and exposure to the elements. Avoid high maintenance materials or finishes.  Utilize accent colors to indicate offices or non-production spaces.  Allow bright or contrasting colors to be used for trim or accents only.  Utilize glass or other translucent materials.

Unique building forms that are encouraged
as long as they maintain an appropriate scale in
context with the Specific Plan area.

Design office buildings to have a high
quality of architectural character on all sides.
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Walnut Village Specific Plan Chapter 6-33
Design Guidelines
 Utilize mixed materials such as wood, slate, etc. to highlight front façades and/or office entry areas.

D. Green Building Design
 Implement solar or other sustainable energy strategies on rooftops or other applicable portions of office buildings.

Glass façades open up the building to the surrounding area and help to decrease the impact of large structures.
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Walnut Village Specific Plan Chapter 6-35
Design Guidelines

6.5.6 Open Space and Paseos
A. General Open Space Guidelines
 Utilize enhanced landscaping to define
primarily pedestrian areas such as
building entrances.
 Continue off-site pedestrian and bicycle
linkages, including trails, where
possible.

B. Private Open Space
 Site outdoor eating facilities away from
the building and operating facilities for
employee breaks.
 Design setback areas to incorporate
pedestrian gathering spaces and
landscaped paseos. This includes
seating, recreational areas, and shaded
eating areas.

When designing walkways include mature
trees, seating, and lighting to create inviting
outdoor spaces.
237
Chapter Seven
Administration and
Implementation
238
Walnut Village Specific Plan Chapter 7-1
Implementation and Administration
Chapter 7.0: Administration and Implementation

7.1 Applicability
The provisions of this Chapter are applicable to development and activity and land use within the boundaries of the Walnut Village Specific Plan. The regulations, development standards, and development guidelines as contained in the Walnut Village Specific Plan shall apply in their entirety in the review of new development proposals. In the review of proposals involving the modification of existing development, however, it is recognized that existing site conditions may constrain the extent to which these development standards and guidelines can be met. Acceptable modification for existing development is noted in their respective section.

7.2 Administration and Enforcement
The California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 et seq.) grants authority to cities to utilize Specific Plans for purposes of implementing the goals and policies of the City’s General Plan.

This Specific Plan establishes a set of regulations, standards, guidelines, and processes for proposed development withing the Specific Plan boundaries and shall constitute the zoning for development withing the Specific Plan area. Where the Specific Plan is silent, the provisions of the Fontana Municipal Code prevail.

It shall be the duty of the Director of Planning, or designee, to enforce the provisions set forth in the Walnut Village Specific Plan. The Director of Planning, or designee, shall not issue any permit or license or approve any use or building which would conflict with the provisions of the Specific Plan. Any permit, license, or approval issued that conflicts with the requirements of the Specific Plan shall be considered null and void.

7.3 Interpretation
Whenever the provisions contained in the Specific Plan conflict with the Fontana Municipal Code, the provisions of the Specific Plan shall take precedence. Any ambiguity concerning the content or application of the Specific Plan, including definitions of uses or terms contained within the Specific Plan shall be resolved by the Director of Planning, or designee. Such interpretations shall be consistent with the stated goals and intent of the Specific Plan. If there is a discrepancy between the Fontana Municipal Code and the Specific Plan, then the Specific Plan shall take precedence.

7.4 Severability
If any regulation, condition, program, portion, or policy of this Specific Plan or the application thereof to any person or circumstance is held to be invalid or unconstitutional by any court or competent jurisdiction, such portions shall be deemed a separate, distinct, 239
Walnut Village Specific Plan Chapter 7-2
Implementation and Administration
and independent provision and shall not affect the validity of the remaining provisions of this Specific Plan or applications thereof which can be implemented without the invalid provision or application.

7.5 Specific Plan Amendments
Substantial modifications to the Specific Plan would require an Amendment. An Amendment to the Specific Plan is required if the following occur:
 Changes to the overall Specific Plan boundaries to include ownerships or properties not included in the Specific Plan at the time of approval; or
 Any increase in the overall development intensity/density thresholds within the Specific Plan and/or EIR; or
 Any addition of new land uses not contemplated by the Specific Plan’s Development Regulations.

The Walnut Village Specific Plan may be amended utilizing the procedure by which it was originally adopted. In addition, any amendment shall demonstrate that it meets the intent of the Specific Plan’s policy framework, including its Design Guidelines and Specific Plan objectives, or provide a finding that the amendment enhances the Plan or is necessary to implement the Plan.

All sections or portions of the Specific Plan to be changed or that may be affected by the change must be included in the application for a Specific Plan Amendment. A concurrent amendment to the General Plan would not be required provided the Director of Planning determined that any substantive changes would not influence the goals, objectives, policies, or programs of the Fontana General Plan.

7.6 Minor Modifications
Allowing flexibility in the administration of the Specific Plan enhances the effectiveness of the Specific Plan as a “living” planning document. Minor modifications to the Specific Plan may be reviewed and approved by the Director of Planning or designee. Minor modifications are determined to be an interpretation that will not have public impacts or cause public concern and will not require a formal Specific Plan amendment. The Director of Planning, or designee, shall approve, approve with modifications and/or conditions, or deny the request for a minor interpretation subject to Minor interpretation procedures outlined in the Fontana Municipal Code Division 9 – Specific Plan Amendment.

Only the following list of modifications shall be considered minor:
 Changes in the locations of infrastructure and public facilities (such as internal roads, drainage facilities, etc.);
 Minor change of landscaping materials and/or locations, wall materials, wall alignment, and streetscape design as set forth in Chapter 6, Design Guidelines, which are intended to be flexible in nature; 240
Walnut Village Specific Plan Chapter 7-3
Implementation and Administration
 Other modifications like those listed above and deemed minor by the Director of Planning, which are in keeping with the intent of the Specific Plan.
 If the interpretation is related to a proposed use, the decision-making authority is required to make two findings as follows:
o The proposed use is similar in nature to the listed use in terms of its function; and
o The proposed use is consistent with the use to which it is compared in terms of impact to traffic, parking, dust, noise, or other negative impacts. There are no findings required to be made for the interpretations of standards and/or requirements in the Specific Plan.
 When a proposed modification or interpretation has the potential for public impact or concern then it must follow amendment procedures as described in Section 7.4 above.

7.7 Implementing Actions

7.7.1. Subdivisions
All divisions of land within the Specific Plan area shall be processed in accordance with the Fontana Municipal Code regarding subdivision and parcelization of land as well as the State of California Subdivision Map Act.

7.7.2. General Plan Amendment
The Fontana General Plan will be amended concurrent with the adoption of the Walnut Village Specific Plan to provide consistency between both documents. The following amendments to the General Plan will occur:
 Update the Land Use Map to show the boundaries of the Specific Plan;  Update to the General Plan Land Use Element, Housing Element, Circulation Element, and other related conforming amendments to General Plan Exhibits will be performed to ensure that the Specific Plan and the General Plan, as amended, are internally consistent.

7.7.3. Zoning Amendments
The Specific Plan will be adopted by Ordinance and will establish official zoning for the properties. This will be accomplished by amending the official Zoning Map indicating the “Walnut Village Specific Plan”. The Specific Plan shall be incorporated by reference into the Fontana Municipal Code.

7.7.4. Implementation and Financing
Economic development strategies can support the creation of local jobs, tax revenue, and housing by utilizing various economic development strategies that can assist public and 241
Walnut Village Specific Plan Chapter 7-4
Implementation and Administration
private activities to facilitate development in the Walnut Village Specific Plan area. These may include:
 Grants – State/Federal Funding Sources (U.S. Economic Development Administration “EDA” Grant)
 Enhanced Infrastructure Financing Districts (“EFIDs”)  Public-Private Partnerships (“P3”) project delivery methods  Special districts (Business Improvement Districts “BIDs”)  Property assessed Clean Energy Finance Program (“PACE”)  Greenhouse Gas Reduction Funds (“GGRF”)

7.8 California Environmental Quality Act Compliance
The Walnut Village Specific Plan has been prepared in conjunction with a Program-level EIR, which identifies potential impacts resulting from the proposed development potential and establishes mitigation measures that reduce them to a less than significant level, where feasible.

As the Lead Agency, the City of Fontana will implement a monitoring program for the approved mitigation measures. To assist in this monitoring effort, a Mitigation Monitoring and Reporting Program will be developed by the City as part of environmental findings and included in the Final EIR certified by the Fontana City Council. The Mitigation Monitoring and Reporting Program will be included as an Appendix of EIR when certified.

The Walnut Village Specific Plan EIR will serve as the primary environmental document for all future development undertaken withing the Specific Plan area. The EIR is anticipated to be the definitive environmental document for project implementation within the Specific Plan area, including serving as a Program EIR for purposes of backbone infrastructure improvements. Future development projects that require discretionary review will be examined against the analysis prepared for the EIR to determine if additional environmental documentation must be prepared. Developments that do not require additional discretionary review will not be subject to additional environmental documentation. However, a project applicant will be required to submit documentation substantiating the finding that the development is allowed and in conformance with the Specific Plan, and the potential environmental impacts are within the parameters and timeframe analyzed within the Specific Plan EIR.

Future development projects proposed within the Specific Plan area may be required to prepare their own environmental documentation pursuant to State law. However, subsequent site-specific projects may use the “tiering” concept, as provided by §15385 of the State CEQA Guidelines. The tiering concept is a process by which the City of Fontana, as a lead agency, can adopt the programmatic EIR focusing on the “big picture,” and can then use streamlined CEQA review for subsequent individual development projects in the Specific Plan area. This streamlined CEQA review may be used for each site-specific future development so long as the project is consistent with the findings of 242
Walnut Village Specific Plan Chapter 7-5
Implementation and Administration
the EIR, the mitigation measures described in the EIR, and the City’s General Plan and Zoning Ordinance. This tiering concept allows the City to address the broad environmental issues detailed in this EIR during the planning stages of the proposed Specific Plan. Future site-specific development projects are evaluated on a projectspecific basis and may be excused from repeating the broad environmental analysis examined in this comprehensive, programmatic EIR for the entire Specific Plan area. 243
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3238 Agenda Date: 9/10/2024
Agenda #: D. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Donation of Surplus Vehicles to Rotary Club of Fontana
RECOMMENDATION:

Approve the donation of two City of Fontana Police vehicles to Rotary Club of Fontana.

COUNCIL GOALS:
· To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents.

DISCUSSION:

The City of Fontana has received a request from the Fontana Rotary Club for the donation of city police surplus vehicles. The donated vehicles will be sent to the City of San Felipe. While these vehicles have met their useful life and the condition warrants their replacement in the City Fleet, the Fontana Rotary Club has agreed to accept the donated vehicles and take full and complete ownership and liability of the donated vehicles. The donation will be in an “as-is” condition with no warranty.

The following vehicles recommended for donation are listed below:

Unit 0930 - 2016 Ford Explorer Interceptor (Vin# 1FM5K8ARXHGA71183) Unit 0032 - 2017 Ford Explorer Interceptor (Vin# 1FM5K8AR4HGD66747) FISCAL IMPACT:

Approval of the donation will direct staff to transfer the property and remove the assets from the City’s records. The assets have no remaining residual value.

MOTION:

Approve staff recommendation.

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FONTANA ROTARY CLUB
P.O. BOX 313
FONTANA, CA 92334
July 25, 2024
From: Luis Echeverria
16466 Foothill BLVD.

Fontana Ca 92335
Subject: Donation Fire Engine
The Fontana Rotary is formally requesting the donation of a Ladder Truck and Police vehicle from the city of Fontana to help our southern neighbor with emergency response vehicles in the city of San Felipe. These vehicles will be used to enhance the emergency response capabilities of the City of San Felipe.

The donation of these vehicles will greatly improve their capacity to handle real emergencies, ensuring the safety and well-being of the community. This generous contribution will showcase Fontana's commitment to regional cooperation and support, serving to protect lives and property in San Felipe while strengthening the ties between our communities.

On behalf of our Fontana Rotary along with City of San Felipe, we would like to thank you for your consideration. We look forward to continuing our great working relationship with you and The Fontana Fire Department
Respectfully,
Luis Echeverria
Luis Echeverria
Fontana Rotary President
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3143 Agenda Date: 9/10/2024
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Authorize the Purchasing Office to Piggy-back Using County of Los Angeles Maintenance Contract for Central Mix Rubberized Emulsion Aggregate Slurry (REAS) RECOMMENDATION:

1. Authorize the Purchasing Office to piggy-back using the County of Los Angeles Contract No.

MA-IS-2440097-1 with Petrochem Materials Innovation, LLC to include Central Mix Rubberized Emulsion Aggregate Slurry as a treatment option for the City per Fontana City Code 10-152.

2. Authorize the City Manager to execute an On-Call Maintenance Contract with Petrochem Materials Innovation, LLC and any future amendments.

COUNCIL GOALS:
· To enhance the local environment for future generations and create a healthy economic and environmental future by committing to purchasing specific products and goods that are climate friendly.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the City's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Public Works & Engineering Department is responsible for improving and maintaining city-wide streets, alleys, and parking lots through various Capital Improvement Program (CIP) projects. All current CIP projects are included in the City’s 7-year CIP and 5-year Pavement Management Plan.

In delivering the projects, Engineering staff continuously researches the most economical and efficient pavement treatment technologies available. One of pavement resurfacing treatment methods the staff considered is the Central Mix Rubberized Emulsion Aggregate Slurry (REAS) application, which can be used in lieu of a mill and overlay on streets with the optimal conditions.

This application can maximize the City’s budget while benefiting from reliable product if appropriately used.

While preparing to establish an on-call contractor, it came to staff’s attention that the County of Los Angeles had already solicited and selected an on-call contractor for the application. Thus, staff recommends using a Cooperative Purchase Agreement with the County of Los Angeles for these City of Fontana Page 1 of 2 Printed on 9/4/2024
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File #: 21-3143 Agenda Date: 9/10/2024
Agenda #: E. Category: Consent Calendar
services per Fontana City Code Section 10-152. The cooperative purchase or “piggy-back” method of procuring goods or services by utilizing another public entity’s award of invitation to Bid or Request for Proposal which produces efficiencies by reducing duplication of effort.

The contract contains various pay items related to the treatment, and the contractor shall agree to extend the unit prices to the City of Fontana. Engineering staff finds the prices reasonable and can be applied for currently budgeted pavement resurfacing projects with no fiscal impact.

FISCAL IMPACT:

There is no fiscal impact associated with this action. Engineering staff will use the contract when determined appropriate for the currently budgeted projects and it is estimated that required services for 2024-25 will be between $1.5 to $2.0 million.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 9/4/2024
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REQUEST FOR BID

SOLICITATION
RFB-IS-24200342-1

INTERNAL SERVICES

DEPARTMENT
BID DUE:
12/20/23 12:00:00 PM
REAS EMULSIONS - 3 YEAR AGREEMENT
BUYER : Peter Genov
BUYER PHONE : 323-267-2297
BUYER EMAIL : [email protected]
DATE ISSUED : 11/28/23
REQ. DEPARTMENT : IS
AGENCY REQ. NO. : REAS EM
REQ. NO.

FISCAL YEAR :

SCHEDULED BEGIN DATE :

NUMBER OF COMMODITY LINES : 29
PROCUREMENT FOLDER : 2713122
Visit Vendor Self Service (VSS) portal to upload and
submit your bid response at:
http://lacovss.lacounty.gov
For assistance responding online, please contact the
County ISD Procurement Help Desk at:

[email protected]
INSTRUCTIONS:

Submissions will only be accepted via the online Vendor Self Service (VSS) portal. No paper bids will be accepted. Visit the VSS link ( http:// lacovss.lacounty.gov ) to upload and submit your bid response.

Bidders must attach a copy of a complete bid, including all required documentation and attachments, and Appendix A – Purchasing Required Forms.

All bids must be submitted online by the closing date and time as set forth in the solicitation. Bidders are responsible for submitting a timely response and should allow themselves ample time to ensure a successful transmittal. • Please read all terms and conditions, forms, and attachments thoroughly. • Complete, sign and submit all forms labeled in “Appendix A”, and any additional attachments provided with the solicitation. 257

STANDARD TERMS & CONDITIONS REQUEST FOR BID
SO NO : RFB-IS-24200342-1
BID DUE: 12/20/23 12:00:00 PM
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1 INSTRUCTIONS FOR COMPLETING THE BID
Prior to submitting a bid, all Vendors must register in the County’s WebVen. WebVen contains the Vendor’s business profile and identifies the goods/services the business provides. Registration can be accomplished online via the Internet by accessing the County’s home page at:
http://camisvr.co.la.ca.us/webven/.

1.1 EFFECTIVE OCTOBER 1, 2021, BIDS MUST BE SUBMITTED ONLINE AT: HTTP://LACOVSS.LACOUNTY.GOV. Bidders must attach a copy of a complete bid, including all required documentation and attachments, and Appendix A – Purchasing Required Forms. All bids must be submitted online by the closing date and time as set forth in the solicitation. Bidders are responsible for submitting a timely response and should allow themselves ample time to ensure a successful transmittal. Any response received after the scheduled closing date and time will not be accepted, unless the County Purchasing Agent determines acceptance of the bid is in the best interest of the County. Submission of hard copy (paper copy/printout) bids will not be accepted.

Electronically transmitted (faxed/emailed) bids will not be accepted. For assistance responding online, please contact the County ISD Procurement Help Desk at [email protected].

1.2 Bid each item separately and in unit of measure specified in the solicitation.

1.3 Bidder must complete the right-hand column of any attached specification sheet(s) and return with their bid. If Bidder’s offer is the same as the stated specifications, Bidder must indicate “As Specified.” When bidding an alternate, Bidder must state the deviations or exceptions. Literature alone does not satisfy this requirement. Failure to comply with these instructions may result in rejection of the bid.

1.4 Bidder is solely responsible for understanding the specifications and requirements. The specifications set forth herein are controlling and supersede any other information, oral or written, regarding this acquisition. Inspections and examinations or failure to do so is at bidder's sole risk.

1.5 If quoting other than item specified, an alternate offer must be quoted in accordance with specification and include the manufacturer's name, a product description and model number. Alternate offers must meet functional requirements and be adequately supported by documentation and include information where specifications differ.

1.6 Time of delivery is a part of the consideration and must be stated in definite terms and adhered to. If time varies on different items, bidder must state in the column provided opposite the item. Unless otherwise noted, "days for delivery" or "days from receipt of order" are calendar days.

1.7 Vendor represents and warrants that all requirements have been fulfilled and the person executing this bid for the Vendor is an authorized agent who has actual authority to bind the Vendor to each and every term, condition, and obligation of this bid.

1.8 Bidders pre-printed terms and conditions or restrictions submitted with bid may not be accepted.

1.9 Prices bid must not include sales or use taxes. Bidders are required to provide their California Sellers Permit Number or their Sellers Certificate of Registration-Use Tax Number on Exhibit 2, Certification of Compliance in Appendix A – Purchasing Required Forms. If you are uncertain as to whether you have such a number or have any questions, please contact the State Board of Equalization at www.boe.ca.gov or call 1-800-400-7115.

1.10 No charges will be allowed unless specified in the bid.

1.11 If required, samples of items must be furnished at no cost. Samples will not be returnable and will be disposed of at County's discretion. Unless specifically requested, bidders should not submit samples.

1.12 Bids are subject to acceptance at any time within thirty (30) calendar days of the closing date, unless otherwise stated.

1.13 County will not return bids for change/correction after receipt.

1.14 All factors being equal and to the extent authorized by law, County prefers products grown, manufactured or produced in the County of Los Angeles, and then in the State of California. To qualify for such preference, bids must state whether the items are wholly or partially grown, manufactured or produced in the County of Los Angeles or the State of California.

1.15 Changes or modifications to specifications or conditions to this solicitation must only be made by issuance of a written amendment by County's Purchasing Agent. No other change or modification, regardless of source, will be binding.

1.16 Unless County specifically agrees in writing, any other terms and conditions will have no force or effect. 258

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1.17 Gratuities: It is improper for any County officer, employee or agent to solicit consideration, in any form, from a bidder with the implication, suggestion or statement that the bidder’s provision of the consideration may secure more favorable treatment for the bidder in the Award of the contract or that the bidder’s failure to provide such consideration may negatively affect the County’s consideration of the bidder’s submission. A bidder must not offer or give, either directly or through an intermediary, consideration, in any form, to a County officer, employee or agent for the purpose of securing favorable treatment with respect to the Award of the contract.

1.18 The offering of gifts, excluding token gifts of a promotional/advertising nature, or gratuities by bidder or any other agent or representative of bidder is strictly prohibited.

1.19 This request is a solicitation only and is not intended or to be construed as an offer by the County to enter into any Award or other Agreement.

1.20 All bids must include a complete “Exhibit 1, Proposer’s Organization Questionnaire/Affidavit", “Exhibit 2, Proposer’s Certification of Compliance”, “Exhibit 3, Request for Preference Consideration”, “Exhibit 4, Commercially Useful Function Certification Form”, “Exhibit 5, Declaration”, “Exhibit 6, Community Business Enterprise CBE Information (Excel Worksheet)", “Exhibit 7, Certification of Compliance (COVID-19 Vaccinations of County Contractor Personnel)” and “Exhibit 8, Prevailing Wages” attached hereto in Appendix A – Purchasing Required Forms. Bids received that do not include all completed Appendix A forms may be labeled non-responsive as an incomplete submission at County’s discretion.

1.21 Small Business Enterprise (SBE), Local Small Business Enterprise (LSBE), Disabled Veteran Business Enterprise (DVBE), Social Enterprise (SE), and Community Business Enterprise (CBE) are encouraged to bid.

1.22 Wherever possible, bidders are encouraged to subcontract portions of the work to responsible and qualified SBE, LSBE, DVBE, SE, and CBE.

1.23 Bidders are reminded to thoroughly review all solicitation documents.

1.24 Each person by submitting a response to this solicitation certifies that such bidder and each County lobbyist and County lobbying firm, as defined by Los Angeles County Code Chapter 2.160, retained by bidder is in full compliance with Chapter 2.160 of the Los Angeles County Code.

1.25 All bids submitted in response to the solicitation become the exclusive property of the County and will be regarded as public records. Exceptions will be those elements set forth in the California Government Code section 6250 et. seq. (Public Records Act) and which are marked "trade secret", "confidential", or "proprietary". The County will not, in any way, be liable or responsible for the disclosure of any such records, including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a bid marked "trade secret", "confidential", or "proprietary" the bidder agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act.

1.26 Review of Solicitation Requirements and Specifications: A Vendor may seek a review of the solicitation requirements and/or specifications by written request to the Buyer conducting the solicitation provided that the written request is received no later than five (5) days prior to the closing date of the solicitation or as otherwise specified within the solicitation. This request must itemize, in sufficient detail, each matter contested and one or more factual reason(s) for the requested review (e.g., specifications were too narrow and limited competition with supporting details, etc.). The Purchasing Agent will provide a written response to the requesting Vendor(s).

1.27 County's Quality Assurance Plan. Subsequent to any Award, the County or its agent will evaluate vendor's performance on not less than an annual basis. Such evaluation will include assessing vendor's compliance with all Award terms and performance standards.

Vendor deficiencies which County determines are severe or continuing and that may place performance of the Award in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and vendor. If improvement does not occur consistent with the corrective action measures, County may terminate or impose other penalties as specified in the Award.

1.28 Bidder must not publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name or logo of the County or any County departments without the County’s prior written consent.

1.29 Bidders Adherence to County's Child Support Compliance Program. Bidders must fully comply with all applicable state and federal reporting requirements for its employees and all lawfully served Wage and Earnings Assignment Orders and Notice of Assignments and continue to maintain compliance during the term of any Award made pursuant to this solicitation. Failure to cure a default within ninety (90) days of notice by the County, will be cause for termination of an Award or initiation of debarment proceedings against the non-compliant Vendor (County Code Chapter 2.202)

1.30 Time Off for Voting. Vendor must notify its employees and must require each subcontractor to notify its employees and provide information regarding the time off for voting (Elections Code Section 14000). Not less than ten (10) days before every statewide election, every vendor and subcontractor must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. 259

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1.31 County reserves the right to waive, at its sole discretion, any formality in the bidding or evaluation in order to expedite the process, accommodate minor error, or respond to unforeseen circumstances, and to reject any or all bids and to reject any items thereon.

County may, at its sole discretion, cancel this solicitation at any time prior to Award.

1.32 County reserves the right to request clarification of any bid, prior to the bid Award.

1.33 County reserves the right to conduct a reasonable inquiry to determine the responsibility of a bidder. The unreasonable failure of bidder to promptly supply information in connection with such inquiry, including, but not limited to, information regarding past performance, financial stability and ability to perform on schedule, may, at County's discretion, be grounds for a determination of non-responsibility.

1.34 County reserves the right to select the bidder which County determines in its sole discretion, to be the most responsive and responsible bidder.

1.35 County reserves the right to negotiate price, terms and conditions with the selected bidder.

1.36 Contractors with Unresolved Disallowed Costs: If Bidder's compliance with a County contract has been reviewed by the Department of the Auditor-Controller within the last 10 years, Bidder must not have unresolved questioned costs identified by the Auditor-Controller in an amount over $100,000.00 that are confirmed to be disallowed costs by the contracting County department and remain unpaid for a period of six months or more from the date of disallowance, unless such disallowed costs are the subject of current good faith negotiations to resolve the disallowed costs, in the opinion of the contracting County department. 2 ALL AWARDS FROM THIS BID WILL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF PURCHASE Vendor is defined as the contractor, supplier, reseller, service provider, or other business entity who has entered into an Award with the County

2.1 No other conditions or modifications of these terms and conditions will be effective unless agreed to in writing by the County of Los Angeles ("County") Purchasing Agent. Failure of County to object to any of the bidder's terms and conditions submitted in response to the solicitation will not be construed as a waiver of the County's terms and conditions or as an acceptance of the bidder's terms and conditions.

2.2 DELIVERY:

Delivery date will be as stated herein.

F.O.B DELIVERED: Freight pre-paid and allowed.

2.3 INVOICES:

Vendor must invoice the County only for providing the tasks, deliverables, goods, services, and other work specified in the Award.

Vendor must prepare invoices, which must include the Award number and charges owed to the Vendor by the County under the terms of this Award. Vendor will be paid only for the tasks, deliverables, goods, services, and other work approved in writing by the County.

2.4 PRICE/SALES TAX:

Unless otherwise specified herein, the prices do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc., will be allowed unless specified herein.

2.5 PAYMENT TERMS:

Unless otherwise specified herein, payment terms are net thirty (30) days from the date County receives a correct and proper invoice. In no event will County be liable for any late charges. Cash discount periods will be computed from the date the County receives a correct and proper invoice. Vendor must submit monthly invoices to the County by the 15th calendar day of the month following the month of service.

Local Small Business Enterprises – Prompt Payment Program Certified Local Small Business Enterprises (LSBEs) will receive prompt payment for services they provide to County departments.

Prompt payment is defined as fifteen (15) calendar days after receipt of an undisputed invoice.

2.6 WARRANTIES:

Vendor must, at no cost to County, promptly correct any and all defects in the items/services provided hereunder. Vendor must also reimburse County for any costs incurred as a result of defect(s). The term of this warranty must be as set forth in the Award, or if no term is shown, ninety (90) days from the date of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without any violation of any law, ordinance, rule or regulation of any government or administrative body.
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2.7 COVENANT AGAINST GRATUITIES:

Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by Vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing an Award or favorable treatment with respect to any determination concerning the performance of the Award. In the event of breach of this warranty, County will be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of Vendor's default.

2.8 CANCELLATION:

Unless otherwise specified herein, County may cancel all or part of the Award at no cost and for any reason by giving written notice to Vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation charge not exceeding one percent (1%) of the value of the cancelled portion of the Award may be charged County for cancellation with less than thirty (30) days prior written notice.

2.9 TERMINATION FOR CONVENIENCE:

Any agreement may be terminated, when such action is deemed by County to be in its best interest. Termination will be effected by delivery to Vendor of a notice of termination specifying the extent to which performance of agreement is terminated and the date upon which such termination becomes effective, which must be no less than ten (10) days after the notice is sent. After receipt of a notice of termination, Vendor must submit its termination claim and invoice to County, in the form and with any certifications as may be prescribed by County. Such claim and invoice must be submitted promptly, but no later than three months from the effective date of termination. Upon failure of Vendor to submit its termination claim and invoice within the time allowed, County may determine on the basis of information available to County, the amount, if any, due to Vendor in respect to termination, and such determination will be final. When such determination is made, County will pay Vendor the amount so determined. Vendor must honor orders accepted on or before the effective date of termination.

2.10 TERMINATION FOR IMPROPER CONSIDERATION:

2.10.1 County may, by written notice to the Vendor, immediately terminate the right of the Vendor to proceed under the Award if it is found that consideration, in any form, was offered or given by the Vendor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing the Award or securing favorable treatment with respect to the Award, amendment, or extension of the Award or the making of any determinations with respect to the Vendor's performance pursuant to the award. In the event of such termination, the County will be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the Vendor.

2.10.2 Vendor must immediately report any attempt by a County officer or employee to solicit such improper consideration to the Los Angeles County Fraud Hotline at https://fraud.lacounty.gov/, via email to [email protected], or by phone at (800) 544-6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts, or the promise of any of these.

2.11 TERMINATION FOR INSOLVENCY:

2.11.1 County may terminate this Award forthwith in the event of the occurrence of any of the following: Insolvency of the Vendor. Vendor will be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not the Vendor is insolvent within the meaning of the Federal Bankruptcy Code;

2.11.2 The filing of a voluntary or involuntary petition regarding the Vendor under the Federal Bankruptcy Code; the appointment of a Receiver or Trustee for the Vendor; or the execution by the Vendor of a general assignment for the benefit of creditors. The rights and remedies of the County provided in this Paragraph 2.11 (Termination for Insolvency) will not be exclusive and are in addition to any other rights and remedies provided by law or under this Award.

2.12 TERMINATION FOR NON-ADHERENCE OF COUNTY LOBBYIST ORDINANCE:

Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the Vendor, must fully comply with the County’s Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of the Vendor or any County Lobbyist or County Lobbying firm retained by the Vendor to fully comply with the County’s Lobbyist Ordinance will constitute a material breach of this Award, upon which the County may in its sole discretion, immediately terminate or suspend this Award.
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2.13 TERMINATION FOR NON-APPROPRIATION OF FUNDS:

Notwithstanding any other provision of this Award, the County will not be obligated for the Vendor’s performance hereunder or by any provision of this Award during any of the County’s future fiscal years unless and until the County’s Board of Supervisors appropriates funds for this Award in the County’s Budget for each such future fiscal year. In the event that funds are not appropriated for this Award, then this Award will terminate as of June 30 of the last fiscal year for which funds were appropriated.

County will notify the Vendor in writing of any such non-allocation of funds at the earliest possible date.

2.14 TERMINATION FOR DEFAULT:

County may, by written notice to the Vendor, terminate the whole or any part of the Award, if, in the judgment of the County:

2.14.1 Vendor has materially breached the Award; or

2.14.2 Vendor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under the Award; or

2.14.3 Vendor fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Award and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure.

2.14.4 In the event that the County terminates the Award in whole or in part as provided in Paragraph 2.14, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. Vendor will be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County will not be exclusive and are in addition to any other rights and remedies provided by law or under the Award.

2.14.5 Except with respect to defaults of any subcontractor, the Vendor will not be liable for any such excess costs of the type identified in Paragraph 2.14.4 if its failure to perform arising out of causes beyond the control and without the fault or negligence of the Vendor. Such causes may include, but are not limited to: acts of God or of the public enemy, acts of the County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the Vendor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Vendor and subcontractor, and without the fault or negligence of either of them, the Vendor will not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Vendor to meet the required performance schedule. As used in this paragraph, the term "subcontractor(s)" means subcontractor(s) at any tier.

2.14.6 If, after the County has given notice of termination under the provisions of Paragraph 2.14 it is determined by the County that the Vendor was not in default or that the default was excusable, the rights and obligations of the parties will be the same as if the notice of termination had been issued pursuant to Paragraph 2.14.5 .The rights and remedies of the County provided in this Paragraph 2.14 will not be exclusive and are in addition to any other rights and remedies provided by law or under this Award.

2.15 CONFLICT OF INTEREST:

2.15.1 No County employee whose position with County enables such employee to influence an Award, and no spouse or economic dependent of such employee, will be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Award. No officer or employee of Vendor, who may financially benefit from this Award will in any way participate in County's approval or ongoing evaluation of this purchase.

2.15.2 Vendor must comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Award. Vendor warrants that it is not aware of any facts which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to County. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 262

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2.16 GOVERNING LAW AND VENUE:

This Award will be governed by and construed in accordance with the laws of the State of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding the Award, and further agrees and consents that venue of any action hereunder will be exclusively in the County of Los Angeles, California.

2.17 COMPLIANCE WITH LAWS:

2.17.1 Vendor must comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in the Award are hereby incorporated herein by reference.

2.17.2 Vendor must indemnify and hold harmless the County from and against all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives.

2.18 INDEMNIFICATION:

Vendor must indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (“County Indemnitees”) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and/or relating to the Award, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees.

2.19 INVALIDITY, REMEDIES NOT EXCLUSIVE:

If any provision of the Award or the application thereof to any person or circumstance is held invalid, the remainder of the Award and the application of such provision to other persons or circumstances will not be affected thereby. The rights and remedies provided herein will not be exclusive and are in addition to any other rights and remedies in law or equity.

2.20 HAZARDOUS MATERIALS:

Vendor warrants that it complies with all Federal, State and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances.

2.21 NONDISCRIMINATION:

By acceptance of the Award, Vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti-discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, national origin, disability or sex. Vendor must allow the County access to its employment records during the regular business hours to verify compliance with these provisions when so requested by the County. If the County finds that any of the above provisions have been violated, the same will constitute a material breach of Award upon which the County may determine to cancel, terminate, or suspend the Award. The parties agree in the event the Vendor violates any of the anti-discrimination provisions of this Award, the County will, at its sole option, be entitled to the sum of five hundred ($500) for each such violation pursuant to California Civil Code Section 1671 as liquidated damages in lieu of terminating or suspending this Award.

2.22 FORCE MAJEURE:

2.22.1 Neither party will be liable for such party's failure to perform its obligations under and in accordance with this Award, if such failure arises out of fires, floods, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by such party or any of such party's subcontractors), freight embargoes, or other similar events to those described above, but in every such case the failure to perform must be totally beyond the control and without any fault or negligence of such party (such events are referred to in this paragraph as "force majeure events"). 263

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2.22.2 Notwithstanding the foregoing, a default by a subcontractor of Vendor will not constitute a force majeure event, unless such default arises out of causes beyond the control of both Vendor and such subcontractor, and without any fault or negligence of either of them. In such case, Vendor will not be liable for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit Vendor to meet the required performance schedule. As used in this subparagraph, the term “subcontractor” and “subcontractors” mean subcontractors at any tier.

2.22.3 In the event Vendor's failure to perform arises out of a force majeure event, Vendor agrees to use commercially reasonable best efforts to obtain goods or services from other sources, if applicable, and to otherwise mitigate the damages and reduce the delay caused by such force majeure event.

2.23 NON-EXCLUSIVITY:

Nothing herein is intended nor must be construed as creating any exclusive arrangement with Vendor. The Award will not restrict the Purchasing Agent from acquiring similar, equal or like goods and/or services from other entities or sources.

2.24 MOST FAVORED CUSTOMER:

If the Vendor’s prices decline or should the Vendor at any time during the term of this Award provide the same goods or services under similar quantity and delivery conditions to the State of California or any county, municipality, or district of the State at prices below those set forth in this Award, then such lower prices must be immediately extended to the County.

2.25 WAIVER:

No waiver by the County of any breach of any provision of the Award will constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of the Award must not be construed as a waiver thereof. The rights and remedies set forth in this provision will not be exclusive and are in addition to any other rights and remedies provided by law or under the Award.

2.26 ACCEPTANCE:

Unless explicitly stated by County as otherwise, County may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period must not exceed thirty (30) days from receipt of such item by County. County may, at its sole discretion, reject all or any part of items or services not conforming to the requirements/specifications stated in the Award.

2.27 AGREEMENT MODIFICATIONS:

The Award and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. The Award must not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only County's Purchasing Agent can make amendments agreed upon by the parties by issuance of an official change notice.

2.28 INDEPENDENT CONTRACTOR STATUS:

2.28.1 The Award is by and between the County and the Vendor and is not intended, and must not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Vendor. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. Vendor must be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to the Award all compensation and benefits. County will have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, federal, state or local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Vendor.

2.28.2 Vendor understands and agrees that all persons performing work pursuant to the Award are, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor must be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Vendor pursuant to the Award. 264

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2.29 CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS:

Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the Vendor must give consideration for such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the Vendor's minimum qualifications for the open position. For this purpose, consideration will mean that the Vendor will interview qualified candidates.

The County will refer GAIN/GROW participants by job category to the Vendor. Vendors must report all job openings with job requirements to: [email protected] and [email protected] and DPSS will refer qualified GAIN/GROW job candidates. In the event that both laid-off County employees and GAIN/GROW participants are available for hiring, County employees must be given first priority.

2.30 SAFELY SURRENDERED BABY LAW:

Vendor acknowledges that the County places a high priority on the implementation of the Safely Surrendered Baby Law. Vendor understands that it is the County’s policy to encourage all County vendors to voluntarily post the County’s “Safely Surrendered Baby Law” poster, in a prominent position at the Vendor’s place of business. Vendor will also encourage its subcontractors, if any, to post this poster in a prominent position in the subcontractor’s place of business. Information and posters for printing are available at www.babysafela.org.

2.31 WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM:

2.31.1 Vendor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from an Award are in compliance, with their court-ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.

2.31.2 As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Vendor's duty under the Award to comply with all applicable provisions of law, the Vendor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California U Insurance Code Section 1088.5, and must implement all lawfully served Wage and Earnings withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b).

2.31.3 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM:

Failure of Vendor to maintain compliance with the requirements set forth in the paragraphs under " CONTRACTOR’S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" will constitute default under the Award. Without limiting the rights and remedies available to County under any other provision of this Award/Purchase Order, failure of Vendor to cure such default within ninety (90) calendar days of written notice will be grounds upon which County may terminate this Award/Purchase Order pursuant to “VENDOR'S RESPONSIBILITY AND DEBARMENT” and pursue debarment of Vendor, pursuant to County Code, Chapter 2.202.

2.32 PAYROLL RECORDS:

2.32.1 Wherever required, the Vendor must comply with the requirements of Section 1776 of the Labor Code, State of California, including maintaining payroll records as enumerated in Subdivision (a). Vendor and Vendor's subcontractors will be responsible to maintain, and make readily available for inspection purposes, a copy of all certified payroll records for each work project associated with or obtained by the County under this or any future or successive Award. All certified payroll records must indicate that the wage rates are not less than those determined by the State Division, of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he/she performed. Vendor will be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Award formulated as a result of this inquiry.

2.32.2 Certified Payroll must be submitted upon request and must include:

A. Original Document
B. Company Name & Address
C. Account Number/Project Number
D. Project Name and Address
E. Authorizing County Department and Purchase Order or Contract Number F. Period of Time in Which Work is Being Performed
G. Employee Name, Address and Social Security Number
H. Work Classification, Including Sub-classification
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I. Hours Paid
J. Rate of Pay
K. Deductions
L. Payroll Check Number
M. Benefits
N. Signature of Employee Authorized to Certify Payroll

2.33 PREVAILING WAGE SCALE:

2.33.1 Wherever required: Vendor must comply with all provisions of the Labor Code of the State of California.

2.33.2 Under the provisions of said Labor Code, the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Award that may be awarded by the County.

2.33.3 Particulars of the current Prevailing Wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Vendor or his/her subcontractor.

2.33.4 Current prevailing wage rates may be obtained at:
www.dir.ca.gov/DLSR/PWD/Apprentice.htm
Division of Labor Standards Enforcement
455 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102 (415) 703-4810

2.34 RECORDS RETENTION AND AUDIT, FEDERAL OR STATE FUNDED PURCHASES:

Vendor must maintain in good and legible condition all books, documents, papers, and records related to its performance under the Award. Such records must be complete and available to Los Angeles County, the State of California and officials of the Federal Government or its duly authorized representatives, during the term of the Award and for a period of at least three years following the County's final payment under the Award, unless other matters, such as an audit or litigation, are not closed. All books, documents, papers, and records related to the Vendor's performance under the Award must be retained in a manner described above until all such other matters are closed, regardless of the duration.

2.35 FEDERAL EARNED INCOME CREDIT:

Vendor must notify its employees, and must require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice must be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015.

2.36 RECYCLED BOND PAPER:

Consistent with the Board of Supervisors’ policy to reduce the amount of solid waste deposited at the County landfills, the Vendor agrees to use recycled-content paper (min 30% post-consumer waste) to the maximum extent possible. 3 INSURANCE COVERAGE REQUIREMENTS

3.1 GENERAL INSURANCE REQUIREMENTS:

Without limiting Vendor’s indemnification of County and during the term of any Agreement formulated from this inquiry, Vendor must provide and maintain, the following programs of insurance specified below or in any Agreement formulated from this inquiry.

Such insurance must be primary and not contributing with any other insurance or self-insurance programs, must be maintained at Vendor’s own expense, and must apply with respect to liability arising from or related to Vendor’s acts, omissions or operations.

3.2 GENERAL LIABILITY:

Insurance (written on ISO Policy Form CG 00 01 or its equivalent) with limits of not less than the following: General Aggregate:
$2 Million, Products/Completed Operations Aggregate: $1 Million, Personal and Advertising Injury: $1 Million, Each Occurrence:
$1 Million

3.3 EVIDENCE OF INSURANCE:

3.3.1 Certificate(s) of insurance coverage (Certificate) satisfactory to County, and a copy of an Additional Insured endorsement confirming County and its Agents (defined below) have been given Insured status under the Vendor’s General Liability policy, must be delivered to County at the address shown below, and must be provided prior to commencing services under this Award.
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3.3.2 Renewal Certificates must be provided to County not less than ten (10) days prior to Vendor’s policy expiration dates.

The County reserves the right to request complete, certified copies of any required Vendor and/or sub-contractor insurance policies at any time.

3.3.3 Certificates must identify all Required Insurance coverage types and limits specified herein, reference this Award by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate must match the name of the Vendor identified as the contracting party in this Award. Certificates must provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self-insured retentions exceeding fifty thousand dollars ($50,000), and list any County required endorsement forms.

3.3.4 Neither the County’s failure to obtain, nor the County’s receipt of, or failure to object to a non-complying insurance certificate or endorsement, or any other insurance documentation or information provided by the Vendor, its insurance broker(s) and/or insurer(s), will be construed as a waiver of any of the Required Insurance provisions.

3.3.5 Certificates and copies of any required endorsements must be sent to:

County of Los Angeles – ISD
1100 N. Eastern Avenue RM #G115
Los Angeles, CA 90063

3.3.6 Vendor also must promptly report to County any injury or property damage accident or incident, including any injury to a Vendor's employee occurring on County property, and any loss, disappearance, destruction, misuse, or theft of County property, monies or securities entrusted to Vendor. Vendor also must promptly notify County of any third party claim or suit filed against Vendor or any of its subcontractors which arises from or relates to this Award and could result in the filing of a claim or lawsuit against Vendor and/or County.

3.4 AUTOMOBILE LIABILITY:

3.4.1 Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident.

3.4.2 Insurance must cover liability arising out of Vendor’s use of autos pursuant to this Award, including owned, leased, hired, and/or non-owned autos, as each may be applicable.

3.5 WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY:

3.5.1 Insurance providing workers compensation benefits, as required by the Labor Code of the state of California or by any other state, and for which Vendor is responsible. If Vendor’s employees will be engaged in maritime employment, coverage must provide workers compensation benefits as required by the U.S. in all cases, the above insurance also must include employers’ liability coverage with limits of not less than the following:

Each Accident: $1 Million
Disease – Policy Limit: $1 Million
Disease – Each Employee: $1 Million

3.5.2 The written notice must be provided to County at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. If applicable to Vendor’s operations, coverage also must be arranged to satisfy the requirements of any federal workers or workmen’s compensation law or any federal occupational disease law.

3.6 INSURER FINANCIAL RATINGS:

3.6.1 Insurance is to be provided by an insurance company acceptable to the County with an A.M. best rating of not less than A:VII, unless otherwise approved by County.

3.6.2 Notification of incidents, claims or suits: Vendor must report to County:
1 Any accident or incident relating to services performed under subsequent Agreement which involves injury or property damage which may result in the filing of such a claim or lawsuit against Vendor and/or County. Such report must be made in writing within 24 hours of occurrence. 2 Any third party claim or lawsuit filed against Vendor arising from or related to services performed by Vendor under subsequent Agreement.
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3 Any injury to a Vendor's employee which occurs on County property. This report must be submitted on a County “Non-Employee Injury Report” to the County Contract Manager. 4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of County property, monies or securities entrusted to Vendor under the terms of subsequent Agreement. Compensation for County costs: In the event that Vendor fails to comply with any indemnification or insurance requirements of subsequent Agreement, and such failure to comply results in any costs to County, Vendor must pay full compensation for all costs incurred by County.

3.7 INSURANCE COVERAGE REQUIRMENTS FOR SUB-CONTRACTORS:

3.7.1 Vendor must ensure any and all subcontractors performing services under subsequent Agreement by either:

3.7.2 Vendor providing evidence of insurance covering the activities of subcontractor, or

3.7.3 Vendor providing evidence submitted by subcontractors evidencing that subcontractors maintain the required insurance coverage. County retains the right to obtain copies of evidence of subcontractor insurance coverage at any time.

3.8 FAILURE TO MAINTAIN INSURANCE:

3.8.1 Vendor’s failure to maintain or to provide acceptable evidence that it maintains the required insurance will constitute a material breach of the Award, upon which County immediately may withhold payments due to Vendor, and/or suspend or terminate this Award. County, as its sole discretion, may obtain damages from Vendor resulting from said breach.

3.8.2 Alternatively, the County may, but is not obligated to, purchase the required insurance, and without further notice to Vendor, deduct the premium cost from sums due to Vendor or pursue Vendor for reimbursement.

3.8.3 Vendor’s insurance policies, with respect to any claims related to this Award, must be primary with respect to all other sources of coverage available to Vendor.
4 VENDOR'S RESPONSIBILITY AND DEBARMENT

4.1 A responsible Vendor is a Vendor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the requirements of the Award. It is the County's policy to conduct business only with responsible Vendors.

4.2 Vendor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the Vendor on the Award which indicates that the Vendor is not responsible, the County may, in addition to other remedies provided in the Award, debar the Vendor from bidding on any County solicitations for a specified period of time as determined by the County, and will terminate any or all existing agreements the Vendor may have with the County.

4.3 County may debar a Vendor if the Board of Supervisors finds, in its discretion, that the Vendor has done any of the following: (1) violated any term of the agreement with the County, (2) committed any act or omission which negatively reflects on the Vendor's quality, fitness or capacity to perform an agreement with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity.

4.4 If there is evidence that the Vendor may be subject to debarment, the Purchasing Agent will notify the Vendor in writing of the evidence that is the basis for the proposed debarment and will advise the Vendor of the scheduled date for debarment hearing before the Contractor Hearing Board.

4.5 The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. Vendor and/or the Vendor's representative must be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board must prepare a proposed decision, which must contain a recommendation regarding whether the Vendor should be debarred, and, if so, the appropriate length of time of debarment. If the Vendor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Vendor may be deemed to have waived all rights of appeal.

4.6 A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board must be presented to the Board of Supervisors. The Board of Supervisors will have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board.
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4.7 These terms will also apply to Vendor's subcontractors.

4.8 A listing of Vendors that are currently on the Debarment List for Los Angeles County may be obtained on the following website:
https://doingbusiness.lacounty.gov/listing-of-contractors-debarred-in-los-angeles-county/ 5 COUNTY’S PREFERENCE PROGRAMS

5.1 The County of Los Angeles has three preference programs - Local Small Business Enterprise (LSBE), Disabled Veterans Business Enterprise (DVBE), and Social Enterprise (SE). The Board of Supervisors encourages business participation in the County’s Contracting process by constantly continuously streamlining and simplifying our selection process and expanding opportunities for these businesses to compete for County opportunities.

5.2 The Preference Programs (LSBE, DVBE, and SE) require that a business complete certification prior to requesting a preference in a solicitation. To apply for certification as a LSBE, DVBE or SE, contact the Department of Consumer and Business Affairs at https://dcba.lacounty.gov/

5.3 Local Small Business Enterprise (Local SBE) Preference Program:

5.3.1 The County of Los Angeles Local Small Business Enterprise Preference Program is a race and gender-neutral program designed to enhance purchasing and contracting opportunities for local small businesses within the County of Los Angles. The program priorities were developed to promote and foster inclusiveness and economic development, as well as ongoing evaluation to assure all businesses, including local small businesses, are provided equal opportunities in County concession, purchasing, and contracting activities.

5.3.2 The LSBE must provide goods or services that contribute to the fulfillment of the Award requirements by performing a commercially useful function. A Local SBE is deemed to perform a commercially useful function if the business does all of the following: 1) is responsible for the execution of a distinct element of the work of the Award; 2) carries out its obligation by actually performing, managing, or supervising the work involved; 3) performs work that is normal for its business services and functions; 4) is responsible with respect to products, inventories, materials, supplies required for the Award, for negotiating price, determining quality and quantity, ordering, installing if applicable, and making payment; 5) is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. A Vendor, subcontractor, or supplier will not be considered to perform a commercially useful function in the Contractor’s, subcontractor’s, or supplier’s role is limited to that of an extra participant in a transition, Award, or project through which funds are passed in order to obtain the appearance of a Local SBE.

5.3.3 Businesses requesting the LSBE Preference must complete and submit Exhibit 3, Request for Preference Program Consideration and Exhibit 4, Commercially Useful Function Certification Form in Appendix A – Purchasing Required Forms with their bid.

5.3.4 For County solicitations which are not subject to the federal restriction on geographical preferences: An LSBE is defined as:1) A business which is certified by the State of California as a small business (https://caleprocure.ca.gov/ pages/sbdvbe-index.aspx) and has had its principal place of business located in Los Angeles County for at least one year; or 2) a business certified as a small business enterprise with other certifying agencies pursuant to the Department of Consumer and Business Affair’s (DCBA) inclusion policy that: a) has its principal place of business located in Los Angeles County, and b) has revenues and employee sizes that meet the State’s Department of General Services requirements.

The business must be certified by the Department of Consumer and Business Affairs as meeting the requirements set forth above prior to requesting the LSBE Preference in a solicitation.

5.3.5 For County solicitations which are subject to the federal restriction on geographical preferences:

An SBE is defined as: A business that meets the federal small business criteria for the number of employees and/or revenue and maintains an active registration as a small business in the Federal System Award Management (SAM) data base. (https://www.sam.gov)

5.4 Disabled Veteran Business Enterprise (DVBE) Preference Program:

5.4.1 The County of Los Angeles Disabled Veteran Business Enterprise Preference Program is a race and gender-neutral program designed to enhance purchasing and contracting opportunities for disabled veterans within the County of Los Angeles. The program priorities were developed to promote and foster inclusiveness and economic development, as well as ongoing evaluation to assure all businesses, including disabled veteran business enterprises, are provided equal opportunities in County concession, purchasing, and contracting activities. 269

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5.4.2 A DVBE is defined as:
1) A business which is certified by the State of California as a DVBE (https://caleprocure.ca.gov/pages/sbdvbeindex.aspx); or 2) A business which is verified as a Service-Disabled Veteran-Owned Small Business(SDVOSB) by the Veterans Administration (https://www.va.gov/osdbu/verification/); or 3) A business certified as DVBE/SDVOSB with other certifying agencies pursuant to the Department of Consumer and Business Affair's ("DCBA") inclusion policy that meets the criteria set forth by the agencies in (1) or (2), above.

5.5 Social Enterprise (SE) Preference Program:

5.5.1 The County of Los Angeles Social Enterprise Preference Program is a race and gender-neutral program designed to establish a purchasing and contracting preference for certified Social Enterprises that provide transitional and permanent employment, to a Transitional Workforce or provide social, environmental and/or human justice services.

The Social Enterprise Preference Program is designed to promote and foster inclusiveness and economic development, as well as ongoing evaluation to assure that all businesses, including Social Enterprises are provided equal opportunities in County concession, purchasing, and contracting activities.

5.5.2 An SE is defined as:
1) A business that qualifies as a Social Enterprise and has been in operation for at least one year (1) providing transitional or permanent employment to a Transitional Workforce or providing social, environmental and/or human services; and
2) A business certified by the Department of Consumer and Business Affairs (DCBA) as a SE

5.5.3 Further information on Social Enterprises also available on the DCBA at: https://dcba.lacounty.gov/ 6 SUBCONTRACTING

6.1 County of Los Angeles provides Small Business Enterprises an equal opportunity to compete for County Awards for commodities and services. Bidders must assist the County in providing these opportunities to Small Business Enterprises by making good efforts to reach out to Small Business Enterprises to compete in County Awards.

6.2 Reporting: The Final Report of Subcontracting Form
Upon completion of an Award, Vendor must submit the Final Report of Subcontracting and Purchases Form:
http://file.laCounty.gov/SDSInter/isd/dbw/1057776_FinalreportofsubContractingform.pdf within fifteen (15) working days. If the Award is one year or more, the Final Report of Subcontracting and Purchases Form must be submitted on a quarterly basis.

6.3 The form must be certified correct and accurate by signature of the bidder or its authorized representative. The Final Report of Subcontracting and Purchases Form must be submitted to the Small Business Services at:

Department of Consumer and Business Affairs
Office of Small Business
Hall of Records
320 West Temple Street Rm G-10
Los Angeles, CA 90012
[email protected]
7 PROHIBITION AGAINST USE OF CHILD LABOR

7.1 Bidder certifies that, if awarded, bidder must:
1 Not knowingly sell or supply to County any products, goods, supplies, or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment.
2 Upon request, by County, identify the country/countries or origin of any products, goods, supplies or other personal property bidder sells or supplies to County, and
3 Upon request by County, provide to County the manufacturer’s certifications of compliance with all international child labor conventions.
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7.2 Bidder understands and agrees that, if County discovers that any products, goods, supplies or other personal property sold or supplied by bidder to County are produced in violation of any international child labor conventions, bidder must immediately provide an alternative, compliance source of supply.

7.3 Bidder further understands and agrees that failure to comply with the foregoing provisions will be grounds for immediate cancellation or termination of the Award and County may Award to an alternative bidder. 8 DATA DESTRUCTION

8.1 Vendor(s) that have maintained, processed, or stored the County of Los Angeles’ (“County”) data and/or information, implied or expressed, have the sole responsibility to certify that the data and information have been appropriately destroyed consistent with the National Institute of Standards and Technology (NIST) Special Publication SP 800-88 titled Guidelines for Media Sanitization.

Available at:
https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-88r1.pdf

8.2 The data and/or information may be stored on purchased, leased, or rented electronic storage equipment (e.g., printers, hard drives) and electronic devices (e.g., servers, workstations) that are geographically located within the County, or external to the County’s boundaries.

8.3 County must receive within ten (10) business days, a signed document from Vendor(s) that certifies and validates the data and information were placed in one or more of the following stored states: unusable, unreadable, and indecipherable.

8.4 Vendor must certify that any County data stored on purchased, leased, or rented electronic storage equipment and electronic devices, including, but not limited to printers, hard drives, servers, and/or workstations are destroyed consistent with the current National Institute of Standard and Technology (NIST) Special Publication SP-800-88, Guidelines for Media Sanitization. Vendor must provide County with written certification, within ten (10) business days of removal of any electronic storage equipment and devices, that validates that any and all County data was destroyed and is unusable, unreadable, and/or undecipherable. 9 DEFAULT METHOD OF PAYMENT: DIRECT DEPOSIT OR ELECTRONIC FUNDS TRANSFER (EFT)

9.1 County, at its sole discretion, has determined that the most efficient and secure default form of payment for goods and/or services provided under an Award with the County will be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by the Auditor-Controller (A-C).

9.2 Upon Award or at the request of the A-C and/or the contracting Department, Vendor must submit a direct deposit authorization request via the website https://directdeposit.lacounty.gov/ and Vendor information, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

9.3 Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit will supersede this requirement with respect to those payments.

9.4 Upon Award or at any time during the duration of the agreement, a Vendor may submit a written request for an exemption to this requirement. The A-C, in consultation with the contracting Department(s), will decide whether to approve exemption requests. 10 JURY SERVICE PROGRAM

10.1 The prospective agreement is subject to the requirements of the County's Contractor Employee Jury Service Ordinance ("Jury Service Program") (Los Angeles County Code, Chapter 2.203). Prospective Vendors should carefully read the Jury Service Program which is incorporated by reference into and made a part of this solicitation. The Jury Service Program applies to both Vendors and their subcontractors. Bids that fail to comply with the requirements of the Jury Service Program will be considered non-responsive and excluded from further consideration.

10.2 The Jury Service Program requires Vendors and their subcontractors to have and adhere to a written policy that provides that its employees must receive from the Vendor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that employees deposit any fees received for such jury service with the Vendor or that the Vendor deduct from the employee's regular pay the fees received for jury service. For purposes of the Jury Service program, "employee" means any California resident who is a full-time employee of a Vendor and "full time" means 40 hours or more worked per week, or a lesser number of hours if; 1) the lessor number is a recognized industry standard as determined by the County, or 2) the Vendor has a long-standing practice that defines the lesser number of hours as full time. Therefore, the Jury Service Program applies to all of a Vendor's full-time California employees, even those not working specifically on the County project. 271

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10.3 There are two ways in which a Vendor might not be subject to the Jury Service Program. The first is if the Vendor does not fall within the Jury Service Program's definition of "Contractor". The Program defines "Contractor" to mean a person, partnership, corporation or other entity, which has a Contract with the County or a subcontract with a County Vendor and has received or will receive an aggregate sum of $50,000 or more in any 12-month period under one or more County Contracts or subcontracts. The second is if the Vendor meets one of the two exceptions to the Jury Service Program. The first exception concerns small businesses and applies to Vendors that have 1) ten or fewer employees; and 2) annual gross revenues in the preceding twelve months which, if added to the annual amount of this Contract is less than $500,000; and 3) is not an "affiliate or subsidiary of a business dominant in its field of operation". The second exception applies to Vendors that possess a collective bargaining Agreement that expressly supersedes the provisions of the Jury Service Program. Vendor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining Agreement.

10.4 If a Vendor does not fall within the Jury Service Program's definition of "Contractor" or if it meets any of the exceptions to the Jury Service Program, then the Vendor must so indicate in the Certification Form and Application for Exception and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining Agreement, if applicable.

Upon reviewing the Vendor's application, the County will determine, in its sole discretion, whether the Vendor falls within the definition of “Contractor” or meets any of the exceptions to the Jury Service Program. The County's decision will be final. 11 COMPLIANCE WITH COUNTY POLICY OF EQUITY
Vendor acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the County Policy of Equity (CPOE), https://ceop.lacounty.gov/. Vendor further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. Vendor, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the Vendor, its employees or its subcontractors to uphold the County’s expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the Vendor to termination of Contractual Agreements as well as civil liability. 12 COMPLIANCE WITH FAIR CHANCE EMPLOYMENT PRACTICES
Vendor must comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History. Vendor’s violation of this paragraph may constitute a material breach of the Award. In the event of such material breach, County may, in its sole discretion, terminate the Award. 13 ASSIGNMENTS BY VENDOR

13.1 Vendor must notify the County of any pending acquisitions/mergers of its company unless otherwise legally prohibited from doing so. If the Vendor is restricted from legally notifying the County of pending acquisitions/mergers, then it should notify the County of the actual acquisitions/mergers as soon as the law allows and provide to the County the legal framework that restricted it from notifying the County prior to the actual acquisitions/mergers.

13.2 Vendor must not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent will be null and void.

For purposes of this paragraph, County consent will require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement will be deductible, at County's sole discretion, against the claims which Vendor may have against County.

13.3 Shareholders, partners, members, or other equity holders of Vendor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Vendor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.

13.4 Any assumption, assignment, delegation, or takeover of any of the Vendor's duties, responsibilities, obligations, or performance of same by any entity other than the Vendor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, will be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County will be entitled to pursue the same remedies against Vendor as it could pursue in the event of default by Vendor. 272

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14 GENERAL AUTHORITY

14.1 County Purchasing Agent maintains the exclusive authority and responsibility to purchase and rent all materials, supplies and equipment, furnishings, fixtures and all other personal property for use by Departments, districts or agencies of Los Angeles County who are governed by the Los Angeles County Board of Supervisors.

14.2 Acquisition of supplies and equipment are made by the Purchasing Agent pursuant to:

Government Code 25501, et seq.;
Codified Ordinance of County of Los Angeles, Title 2, Chapter 2.81; and Section 24 of the County Charter.

14.3 With limited exceptions, solicitations conducted under the statutory authority of the Purchasing Agent are price-based with the resultant Award being made to the lowest, responsible bidder that fully meets and complies with all of the specifications and requirements of the solicitation.

14.4 County Purchasing Agent or his/her designee will be responsible for the review and disposition of any protest of a bid solicitation conducted under the statutory authority of the County Purchasing Agent. 15 BID PROTESTS
In accordance with County Purchasing Policy 14.13, Bid/Vendor Protest, participant bidders may request a review of any bid specifications at the time of the bid posting and/or before the closing date. Additionally, participant bidders may protest any Award within three (3) business days after the "Notice of Intent to Award" is posted on the County's bid website. These protest procedures are as follows:

15.1 Upon a determination of Award, the Purchasing Agent will post a "Notice of Intent to Award" on the County's bid website, and notify all solicitation participants of the intended Award via email.

15.2 Non-selected Vendors will have three (3) business days, from the date the notice is posted, to file a formal bid protest with the Purchasing and Contracts Analyst (Buyer) that conducted the solicitation.

15.3 Bid protests must be received by the Buyer within the three (3) day period, must be in writing, and include the specific facts, circumstances, reasons and/or basis for the protest. This written notice may be in the form of a letter, fax or email.

15.4 Once an Award has been executed, the Purchase Agent will not take action on a bid protest; however, a written response will be provided to the protesting Vendor.

15.5 If a bid protest is appropriately filed (i.e., prior to the Award), the Purchasing Agent may delay the Award until the matter is resolved.

15.6 There are, however, situations where the delay of an Award may not be in the best interest of the County due to emergency and/or time critical acquisitions such as at the end of the County's fiscal year. In these instances, the County has no obligation to delay or otherwise postpone an Award based on a Vendor protest.

15.7 In all cases, the County Purchasing Agent reserves the right to make an Award when it is determined to be in the best interest of the County of Los Angeles to do so.

15.8 Purchasing Agent will respond to all bid protests in a timely manner.

15.9 Purchasing Agent may refer a protest of a technical nature to the requisitioning County Department for further clarification, and will prepare a letter to the protesting Vendor, advising them of the pending action(s), and when a formal response can be expected. 273

SPECIAL TERMS & CONDITIONS REQUEST FOR BID
SO NO : RFB-IS-24200342-1
BID DUE: 12/20/23 12:00:00 PM
Page
18 18
PURPOSE:

THE PURPOSE OF THIS REQUEST FOR BID (RFB) IS TO FORMULATE A 3 YEARS AGREEMENT FOR REAS EMULSIONS THAT MEETS THE DEPARTMENT'S REQUIREMENTS.

THE AWARDED VENDOR MUST COMPLY WITH ALL REQUIREMENTS AND STANDARDS SET FORTH IN THE ATTACHED SPECIFICATIONS.

RFB TIMETABLE:

THE TIMETABLE FOR THIS RFB IS AS FOLLOWS:
- WRITTEN QUESTIONS DUE - 12/12/23
- QUESTIONS AND ANSWERS RELEASED- 12/14/23
- SOLICITATION SHALL CLOSE AS POSTED ON PAGE 1 OF THIS SOLICITATION WRITTEN QUESTIONS:
-RESPONDENTS MAY SUBMIT WRITTEN QUESTIONS REGARDING THIS RFB BY E-MAIL TO THE PURCHASING ANALYST IDENTIFIED ON PAGE 1 OF THIS SOLICITATION. PLEASE FORWARD ALL EMAILS TO:

PETER GENOV / [email protected]
- ALL QUESTIONS MUST BE RECEIVED BY 12:00 P.M. NOON PACIFIC TIME ON THE ABOVE DATE INDICATED.
- ALL QUESTIONS MUST INDICATE THE RFB PAGE NUMBER AND QUOTE THE PASSAGE THAT PROMPTED THE QUESTIONS.
- ALL WRITTEN RESPONSES SHALL BE ADDRESSED IN AN AMENDMENT TO THIS RFB.

COUNTY RESERVES THE RIGHT TO GROUP QUESTIONS WHEN PROVIDING ANSWERS.

This solicitation IS NOT for a federally funded purchase. Only Local Small Business Enterprises certified by the Office of Small Business ( OSB ) are eligible for the Local SBE Preference.

PROCUREMENT RATED AS COMPLEX

1.0 -- BID SUBMISSION:

BID SUBMISSION MUST BE RECEIVED AT THE INDICATED ADDRESS BY THE BID DUE DATE AND TIME.

BIDS MUST BE SUBMITTED ONLINE AT: HTTP://LACOVSS.LACOUNTY.GOV. VENDORS MUST ATTACH A

COPY OF THEIR RESPONSES TO THE COUNTY SOLICITATION STANDARD TERMS AND CONDITIONS,

SPECIAL TERMS AND CONDITIONS, SPECIFICATIONS AND ANY OTHER REQUIRED ATTACHMENTS WHEN RESPONDING ONLINE.

WHEN RESPONDING, BIDDERS SHALL MAKE SURE THAT THEY HAVE RESPONDED TO ALL ELEMENTS OF THE RFB. INADEQUATE, INCOMPLETE OR OTHERWISE NON-RESPONSIVE BIDS, AS DETERMINDED IN THE COUNTY'S SOLE JUDGMENT, MAY RESULT IN DISQUALIFICATION.

THE RFB SHOULD BE READ CAREFULLY, GIVING CONSIDERATION TO ALL THE REQUIREMENTS. ALL DOCUMENTS REQUIRED SHALL BE PROVIDED. ALL INSTRUCTIONS IN THIS RFB, WHICH SET FORTH THE FORM IN WHICH RESPONSES SHOULD BE PRESENTED, SHALL BE CLOSELY FOLLOWED.

PAPER, FAXED OR EMAILED BIDS SHALL NOT BE ACCEPTED.

LATE BIDS SHALL BE NOT ACCEPTED.

2.0 -- MINIMUM MANDATORY REQUIREMENTS:
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BIDDER MUST HAVE THE FOLLOWING MINIMUM REQUIREMENTS:
- AT TIME OF BID SUBMISSION, BIDDER MUST BE AN AUTHORIZED SERVICE PROVIDER FOR ALL SPECIFIED PRODUCTS AND SERVICES OFFERED.

3.0 -- TERM OF AGREEMENT:

THE INITIAL TERM OF ANY RESULTING AGREEMENT SHALL COMMENCE ON THE EFFECTIVE DATE, AND SHALL EXPIRE ONE (1) YEAR THEREAFTER (HEREINAFTER "INITIAL TERM"), UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THE AGREEMENT.

FOLLOWING THE INITIAL TERM, THE COUNTY OF LOS ANGELES, INTERNAL SERVICES DEPARTMENT, SHALL HAVE THE SOLE OPTION TO EXTEND THE ARGEEMENT FOR UP TO FOUR (4) ADDITIONAL ONE-YEAR PERIODS.

ANY EXTENSIONS OF THE AGREEMENT TERM SHALL BE BY WRITTEN AMENDMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH PARTIES.

4.0 - SPECIFICATION SHEET AND SAMPLES:

SPECIFICATIONS HAVE BEEN DEEMED ACCEPTABLE TO SATISFY THE MINIMUM PERFORMANCE AND FUNCTIONAL REQUIREMENTS OF THE COUNTY OF LOS ANGELES.

ALL MATERIALS MUST MEET SPECIFICATIONS. IN CASE YOU OFFER ALTERNATE ITEMS, SAME WILL

BE REJECTED AND COST OF ANALYSIS AND LOSS OR DAMAGE TO THE COUNTY SHALL BE FOR YOUR ACCOUNT. ON ALTERNATE OFFERS, STATE IN THE SPACE PROVIDED IN BID SPECIFICATION, THE POINTS OF SPECIFICATION WHEREIN YOUR OFFER DIFFERS. SUBMIT DESCRIPTIVE LITERATURE WITH YOUR BID. FAILURE TO SUBMIT ADEQUATE INFORMATION WITH YOUR OFFER PRECLUDES PROMPT ANALYSIS AND POSSIBLE ELIMINATION OF YOUR QUOTATION FROM PROPER CONSIDERATION.

THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ALTERNATE OFFERS WHEN THE POTENTIAL SAVINGS WILL NOT OFFSET THE COST TO TEST. DETERMINATION OF 'COST TO TEST' WILL BE AT THE SOLE DISCRETION OF THE COUNTY.

5.0 -- SELECTION PROCESS AND EVALUATION CRITERIA:

THE COUNTY RESERVES THE SOLE RIGHT TO JUDGE THE CONTENTS OF THE BIDS SUBMITTED PURSUANT TO THIS RFB AND TO REVIEW, EVALUATE AND SELECT THE SUCCESSFUL BID(S). THE

COUNTY MAY ELECT TO WAIVE ANY INFORMALITY IN BIDS, IF THE SUM OF SUBSTANCE OF THE BID IS PRESENT.

BIDDERS MEETING ALL MINIMUM MANDATORY REQUIREMENTS WILL BE EVALUATED ON PRICING.

RIGHT IS RESERVED TO REJECT LOW OFFERS THAT STIPULATES MINIMUM ORDER REQUIREMENTS NOT COMPATIBLE.

COUNTY RESERVES THE RIGHT TO SELECT THE BIDDER WHICH THE COUNTY

DETERMINES, IN ITS SOLE DISCRETION, TO BE THE MOST RESPONSIVE AND RESPONSIBLE BIDDER. FOR PURPOSES OF THIS EVALUATION, THE COUNTY SHALL USE THE SINGLE UNIT PRICE BEING OFFERED.

PRIOR TO BID AWARD, COUNTY RESERVES THE RIGHT TO REQUEST CLARIFICATION ON ANY BID.

UNLESS OTHERWISE QUALIFIED BY BIDDER, THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO

MAKE ONE TOTAL AWARD, ONE AWARD EACH SECTION, MULTIPLE AWARDS, OR A COMBINATION OF AWARDS, WHICHEVER IS IN THE BEST INTEREST OF THE COUNTY.

6.0 -- ESTIMATED ANNUAL CONSUMPTION: $459,773.50

OUR ESTIMATED CONSUMPTION IS GIVEN FOR INFORMATION ONLY AND WE GUARANTEE NO MINIMUM QUANTITY.
275

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UPON THE EXECUTION OF THIS AGREEMENT, AN INITIAL ORDER SHALL BE PURCHASED ON CORRESPONDING PURCHASE ORDER(S) AS OUTLINED IN THE SPECIFICATION SHEETS.

7.0 -- REQUIRED ANNUAL CONSUMPTION REPORT:

UPON REQUEST, FOR ANY AGREEMENT FORMULATED AS A RESULT OF THIS REQUEST FOR BID,

VENDOR SHALL FURNISH THE COUNTY OF LOS ANGELES PURCHASING ANALYST WITH AN ANNUAL CONSUMPTION REPORT IN UNPROTECTED EXCEL FORMAT. REPORT SHALL BE DUE WITHIN THREE (3) DAYS OF REQUEST. THE ANNUAL CONSUMPTION REPORT SHALL INCLUDE THE FOLLOWING:
- CONTRACT NUMBER
- PURCHASE ORDER NUMBER
- DATE OF PURCHASE
- DEPARTMENT NAME
- QUANTITY PURCHASED
- UNIT PRICE

IN ADDITION, THE AWARDED VENDOR AGREES TO POPULATE AND MAINTAIN AN ELECTRONIC DATABASE AS PRESCRIBED IN THE SPECIFICATIONS.

8.0 -- DELIVERY:

A. QUOTE F.O.B. DELIVERED., FREIGHT PREPAID AND ALLOWED, VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, FILE CLAIM(S), COUNTY: TAKES OWNERSHIP AT DESTINATION.

B. PRICES QUOTED SHALL INCLUDE DELIVERY TO LOCATIONS WITHIN THE LOS ANGELES COUNTY.

C. VENDOR WILL USE PACKING MATERIALS THAT ARE RECYCABLE AND/OR REUSABLE. VENDOR WILL NOT USE ENVIRONMENTALLY HARMFUL MATERIALS.

D. BIDDER MUST PROVIDE DELIVERY LEAD TIME FOR PURCHASES MADE AGAINST THIS AGREEMENT.

PROVIDE DELIVERY TIMES:
_______________ ARO

9.0 -- PRODUCTS PURCHASED AS A RESULT OF THIS REQUEST FOR BID ARE TO BE SUPPLIED AS OFFERED AND ACCEPTED WITHOUT SUBSTITUTION OF MATERIAL OR STYLE. COST INCURRED BY THE

COUNTY OF LOS ANGELES FOR INTERNAL ACTIVITIES REQUIRED TO RECALL AND REPLACE AN

UNAUTHORIZED SUBSTITUTE WILL BE DOCUMENTED AND APPLIED TO THE ACCOUNT OF THE SUPPLIER.

10.0 -- VENDORS ARE NOT AUTHORIZED TO CONTACT THE PROCUREMENT STAFF OR END USER (REQUESTOR) AT THE DEPARTMENT DURING THE EVALUATION PERIOD OF THIS SOLICITATION. ANY

AND ALL QUESTIONS REGARDING THIS SOLICITATION MUST BE DIRECTED TO THE PURCHASING AGENT LISTED ON THE FIRST PAGE OF THIS SOLICITATION. FAILURE ON VENDOR'S PART TO

ADHERE TO THIS REQUIREMENT COULD RESULT IN YOUR ENTIRE OFFER BEING CONSIDERED NON-RESPONSIVE (REJECTED).

11.0 -- ALL DELIVERIES SHALL BE COORDINATED WITH THE ORDERING DEPARTMENT. AWARDED

VENDOR MUST MAKE ALL DELIVERIES AT THE LOCATION AND TIME DICTATED BY THE ORDERING DEPARTMENT. NO AFTER HOUR FEES SHALL BE CHARGED TO THE COUNTY.

12.0 -- YOUR OFFER ON THIS INQUIRY IS TO BE ON THE BASIS THAT ALL ITEMS ARE

GUARANTEED EQUAL IN QUALITY AND PATTERN TO THOSE SPECIFIED AND THAT ANY ITEM

PURCHASED AS EQUIVALENT AND NOT ACCEPTABLE TO USING DEPARTMENT MAY BE RETURNED FOR FULL CREDIT.

13.0 -- INSURANCE REQUIREMENTS FOR LOS ANGELES COUNTY
EVIDENCE OF INSURANCE:
276

SPECIAL TERMS & CONDITIONS REQUEST FOR BID
SO NO : RFB-IS-24200342-1
BID DUE: 12/20/23 12:00:00 PM
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CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE

SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT

DESIGNEE PRIOR TO COMMENCING SERVICES UNDER ANY AGREEMENT FORMULATED AS A RESULT OF THIS INQUIRY. CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO:

ATTN: PETER GENOV

COUNTY OF LOS ANGELES - ISD
1100 NORTH EASTERN AVENUE RM #G115
LOS ANGELES, CA 90063
SUCH CERTIFICATES OR OTHER EVIDENCE SHALL:
(1) SPECIFICALLY IDENTIFY SUBSEQUENT AGREEMENT.
(2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN SUBSEQUENT AGREEMENT. (3) CONTAIN THE EXPRESS CONDITION THAT COUNTY IS TO BE GIVEN WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE. (4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE

COMMERCIAL GENERAL LIABILITY POLICY, ADDING THE COUNTY OF LOS ANGELES

ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS INSUREDS FOR ALL ACTIVITIES ARISING FROM SUBSEQUENT AGREEMENT. (5) IDENTIFY ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS FOR COUNTY'S APPROVAL. THE COUNTY RETAINS THE RIGHT TO REQUIRE CONTRACTOR TO

REDUCE OR ELIMINATE SUCH DEDUCTIBLES OR SELF-INSURED RETENTIONS AS

THEY APPLY TO COUNTY, OR, REQUIRE CONTRCTOR TO PROVIDE A BOND

GUARANTEEING PAYMENT OF ALL SUCH RETAINED LOSSES AND RELATED COSTS,

INCLUDING, BUT NOT LIMITED TO, EXPENSES OR FEES, OR BOTH, RELATED TO INVESTIGATIONS, CLAIMS ADMINISTRATIONS, AND LEGAL DEFENSE. SUCH BOND

SHALL BE EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT BUSINESS IN THE STATE OF CALIFORNIA.

14.0 -- Liquidated Damages
All time limits stated in the purchase order shall be calendar days and are of the essence. Should the delivery not be completed on or before the time stipulated, liquidated damages will be assessed. The County is statutorily obligated to comply with minimum standards related to issuance of said goods and it is mutually understood and agreed by and between the successful bidder and the County that a delay will seriously affect compliance and business operations resulting in damages being sustained by County. It is also understood and agreed that the nature and amount of the damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein are the nearest and most reasonable measure of damages for such delay that can be fixed now; and that the liquidated damages are not intended as a penalty or forfeiture for the successful bidder's breach. The liquidated sums specified represent a fair approximation of the damages incurred by the County resulting from the successful bidder's failure to meet the delivery date for which an amount of liquidated damages is specified. The County's right to liquidated damages shall be in addition to and not instead of all other remedies available to County, contractually, in law or in equity.

Therefore, if delivery is delayed it is agreed that County may, in its sole discretion, assess against the successful bidder liquidated damages in the amount of twenty-five dollars ($25.00) per calendar day for each and every day that exceeds the delivery time agreed upon set forth in the Purchase Order.

Should the successful bidder be obstructed or delayed in delivering the goods required due to changes in the purchase order or by any default, act, or omission of the County, or by strikes, fires, acts of god, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by County and the successful bidder. 277

SPECIAL TERMS & CONDITIONS REQUEST FOR BID
SO NO : RFB-IS-24200342-1
BID DUE: 12/20/23 12:00:00 PM
Page
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If there is insufficient time to grant extensions prior to the delivery date set forth in the purchase order, the County may, at the time of acceptance of the goods, waive liquidated damages which may have accrued for failure to deliver on time due to any of the above, after hearing evidence as to the reasons for such delay and making a finding as to the cause of the delay.

In the event that the successful bidder is on strike at the time of the award of the bid, the County reserves the option to accept the first acceptable bid from a manufacturer/vendor that is not on strike.

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of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # of TC Lines: 257] [# of Lines on Last TC Page: 9] [Lines to be Filled: 53] FILLER LINE: [Total # 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PRICE SHEET REQUEST FOR BID
SO NO : RFB-IS-24200342-1
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LINE
NO. COMMODITY / SERVICE DESCRIPTION QUANTITYFROM/TO UOM UNIT PRICE EXTENDEDAMOUNT 1 COMMODITY CODE: 745-84-00-048439

BLANK LINE
REAS TYPE 1 CENTRAL MIX
PER ATTACHED SPECIFICATIONS-24200342
320,000.00 GAL
2 COMMODITY CODE: 745-84-00-048440

BLANK LINE
REAS TYPE 2 CENTRAL MIX
PER ATTACHED SPECIFICATIONS-24200342
145,000.00 GAL
3 COMMODITY CODE: 745-84-00-048441

BLANK LINE
REAS TYPE 3 CENTRAL MIX
PER ATTACHED SPECIFICATIONS-24200342
2,100.00 GAL
4 COMMODITY CODE: 770-09-00-026337

BLANK LINE

CIR EMULSION
PER ATTACHED SPECIFICATIONS-24200342

1.00 GAL
5 COMMODITY CODE: 745-84-00-048439

BLANK LINE

TYPE II RAP CENTRAL MIX
PER ATTACHED SPECIFICATIONS-24200342

1.00 GAL
6 COMMODITY CODE: 745-84-00-048439

BLANK LINE
TYPE II CENTRAL MIX (W/76-22 BINDER)
PER ATTACHED SPECIFICATIONS-24200342

1.00 GAL
7 COMMODITY CODE: 745-84-00-048439

BLANK LINE

MODIFIED ASPHALT BINDER (WITH A/C)
PER ATTACHED SPECIFICATIONS-24200342

1.00 TON
8 COMMODITY CODE: 745-84-00-048439

BLANK LINE

TYPE FINE CENTRAL MIX (WITH A/C)
PER ATTACHED SPECIFICATIONS-24200342

1.00 GAL
9 COMMODITY CODE: 745-84-00-048439

BLANK LINE

MATERIAL DELIVERY
DELIVERY CHARGES BASED ON A "PER GAL/PER
MILE" COST (ONE WAY) TO DELIVER THE

MATERIAL FROM THE PLANT TO THE DELIVERY

LOCATION
PER ATTACHED SPECIFICATIONS-24200342
147,200.00 MILE
10 COMMODITY CODE: 745-84-00-048439

BLANK LINE

SELF-CONTAINED AGITATOR TANKER
5,000-7,000 GALLON
PER ATTACHED SPECIFICATIONS-24200342

1.00 DAY
11 COMMODITY CODE: 745-84-00-048439 500.00 HOUR
279

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NO. COMMODITY / SERVICE DESCRIPTION QUANTITYFROM/TO UOM UNIT PRICE EXTENDEDAMOUNT

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SLURRY TRUCK WITH DRIVER
PER ATTACHED SPECIFICATIONS-24200342
12 COMMODITY CODE: 745-84-00-048439

BLANK LINE

SLURRY BOX - BARE
PER ATTACHED SPECIFICATIONS-24200342

40.00 DAY
13 COMMODITY CODE: 745-84-00-048439

BLANK LINE

PUMPER-TRANSFER OPERATOR INCLUDING

UTILITY TRUCK
PER ATTACHED SPECIFICATIONS-24200342

30.00 DAY
14 COMMODITY CODE: 745-84-00-048439

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PLANER/ GRINDER - BOBCAT (DELIVERY

INCLUDED) (OPERATED)
PER ATTACHED SPECIFICATIONS-24200342

1.00 DAY
15 COMMODITY CODE: 745-84-00-048439

BLANK LINE

APPLICATION TRUCK - BARE
PER ATTACHED SPECIFICATIONS-24200342

1.00 HOUR
16 COMMODITY CODE: 745-84-00-048439

BLANK LINE

SERVICE HAUL TRUCK - BARE
PER ATTACHED SPECIFICATIONS-24200342

1.00 DAY
17 COMMODITY CODE: 745-84-00-048439

BLANK LINE

RENTAL - SWEEPER (OPERATED)
PER ATTACHED SPECIFICATIONS-24200342

1.00 HOUR
18 COMMODITY CODE: 745-84-00-048439

BLANK LINE

RENTAL - SWEEPER OVERTIME (OPERATED)
PER ATTACHED SPECIFICATIONS-24200342

1.00 HOUR
19 COMMODITY CODE: 745-84-00-048439

BLANK LINE

RENTAL - SWEEPER SUNDAY/ HOLIDAY
(OPERATED)
PER ATTACHED SPECIFICATIONS-24200342

1.00 HOUR
20 COMMODITY CODE: 745-84-00-048439

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SUPERVISOR / TRAINER (PER DAY/PER TRAINER)
PER ATTACHED SPECIFICATIONS-24200342

30.00 DAY
21 COMMODITY CODE: 745-84-00-048439

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LABOR: OPERATORS, SQUEEGEE MEN, DRIVERS,

PUMPERS & POSTING & NOTIFYING LABOR

1.00 HOUR
280

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22 COMMODITY CODE: 745-84-00-048439

BLANK LINE
LABOR: OVERTIME RATE-WEEKDAY
PER ATTACHED SPECIFICATIONS-24200342

1.00 HOUR
23 COMMODITY CODE: 745-84-00-048439

BLANK LINE
LABOR: OVERTIME RATE-WEEKEND
PER ATTACHED SPECIFICATIONS-24200342

1.00 HOUR
24 COMMODITY CODE: 745-84-00-048439

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CITY OF FONTANA

ON-CALL MAINTENANCE SERVICES AGREEMENT
DE-25-78-MS

1. Parties And Date.

This Agreement is made and entered into this _____ day of _____________, 20___ by and between the City of Fontana, a municipal corporation organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”) and Petrochem Materials Innovation, LLC, a limited liability company with its principal place of business at 6168 Innovation Way, Carlsbad, California 92009 (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the City and Contractor (“Task Order”). Contractor represents that it is experienced in providing Rubberized Emulsion Aggregate Slurry (REAS) Emulsions services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the REAS project (“Project”) as set forth in this Agreement on an on-call, as-needed basis. There is no guarantee of any of work under this Agreement other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The types of Services to be provided are described in Exhibit “A” attached hereto DRAFT
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and incorporated herein by reference and in the individual Task Orders issued by the City. No Services shall be performed unless authorized by this Agreement or by a fully executed Task Order in the form attached hereto as Exhibit “C”. All Services shall be subject to, and performed in accordance, with this Agreement, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall commence on the date first set forth above and expire January 8, 2027 from the commencement date, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. The Parties may, by mutual, written consent, further extend the term of this Agreement for additional two (2) 12 month periods.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the specific schedule that shall be set forth in this Agreement and any Task Order(s) (“Schedule of Services”).

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with each Schedule, the City shall respond to Contractor’s submittals in a timely manner. Upon the City’s request, Contractor shall provide a more detailed schedule of anticipated performance to meet the relevant Schedule of Services as set forth in each Task Order.

3.2.3 Conformance to Applicable Requirements. All work undertaken by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates the Jeff Kim, Engineering Manager or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on DRAFT
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behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates [INSERT CONTRACTOR REPRESENTATIVE NAME], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”).

Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement and as described in the relevant Task Order.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in this Agreement and any Task Order issued by the City, or which may be provided separately and agreed upon in writing by the Parties. Contractor shall be responsible for the cost of any damages suffered by the City by reason of delay caused by Contractor, its employees or subcontractors, if any.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, DRAFT
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Contractor shall continue to perform the Services while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Subsubcontractors and consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants, if any, performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.

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3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontracts, subsubcontractors or consultants, if any, to meet any of the requirements provided for in Sections

3.2.10.1; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, if any, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board, the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state.

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(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors, if any, shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors, if any, will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Minimum Scope and Limits of Insurance. Contractor shall procure and maintain for the duration of the Agreement, and for 5 years thereafter, insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

3.2.11.2 Coverage. Coverage shall be at least as broad as the following:
(A) Commercial General Liability (CGL). Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least five million dollars ($5,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to City) or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability. Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) with limit of one million dollars ($1,000,000) for bodily injury and property damage each accident. (C) Workers' Compensation Insurance. The Contractor shall provide workers’ compensation coverage as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for DRAFT
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bodily injury or disease. Waiver of Subrogation (also known as Transfer of Rights of Recovery Against Others to Us): The Contractor hereby agrees to waive rights of subrogation to obtain endorsement necessary to affect this waiver of subrogation in favor of the City, its officers, employees, and authorized volunteers, for losses paid under the terms of this coverage which arise from work performed by the Named Insured for the City; this provision applies regardless of whether or not the City has received a waiver of subrogation from the insurer. (D) Contractor’s Pollution Liability. (Optional: if Project involves environmental hazards) with limits no less than $5,000,000 per occurrence or claim, and $10,000,000 policy aggregate.

If the Contractor maintains broader coverage and or/higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum of insurance and coverage shall be available to the City.

3.2.11.3 Other Required Provisions. The Commercial General Liability policy, Automobile Liability policy and Contractors Pollution (if necessary) are to contain, or be endorsed to contain, the following provisions:
(A) Additional Insured Status. City, its officers, employees, and authorized volunteers are to be given insured status (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 for the Commercial General Liability policy) with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance.
(B) Primary Coverage and Non-Contributory Coverage. For any claims related to this Project, the Contractor’s insurance coverage shall be primary, at least as broad as ISO CG 20 01 04 13 for the Commercial General Liability policy, as respects to the City, its officers, employees, and authorized volunteers. Any insurance or self-insurance maintained by the City, its officers, employees, and authorized volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (C) Waiver of Subrogation. All policies shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

3.2.11.4 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

3.2.11.5 Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII or equivalent or as otherwise approved by City.

The Contractor agrees and he/she will comply with such provisions before commencing work.

All of the insurance shall be provided on policy forms and through companies satisfactory to DRAFT
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City. The City reserves the right to obtain complete, certified copies of all required insurance policies, including the policy declarations page with endorsement number. Failure to continually satisfy the Insurance requirements is a material breach of contract.

3.2.11.6 Responsibility for Work. Until the completion and final acceptance by City of all the work under and implied by this Agreement, the work shall be under the Contractor’s responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by causes of any nature whatsoever.

3.2.11.7 Deductibles and Self-Insured Retentions. Insurance deductibles or self-insured retentions must be declared by the Contractor, and approved by the City. At the election of City the Contractor shall either cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, employees, and authorized volunteers or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City.

3.2.11.8 Verification of Coverage - Evidences of Insurance.

Contractor shall furnish the City with copies of certificates and amendatory endorsements effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including policy Declaration pages and Endorsement pages, required by these specifications, at any time. Failure to continually satisfy the Insurance requirements is a material breach of contract.

3.2.11.9 Continuation of Coverage. The Contractor shall, upon demand of City deliver evidence of coverage showing continuation of coverage for at least (5) years after completion of the Project. Contractor further waives all rights of subrogation under this Agreement When any of the required coverages expire during the term of this Agreement, the Contractor shall deliver the renewal certificate(s) including the general liability additional insured endorsement and evidence of waiver of rights of subrogation against City to City at least ten (10) days prior to the expiration date.

3.2.11.10 Sub-Contractors. In the event that the Contractor employs other Contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above (via as broad as ISO CG 20 38 04 13). The Contractor shall, upon demand of City, deliver to City copies such policy or policies of insurance and the receipts for payment of premiums thereon.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, DRAFT
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and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, if any, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “A” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “A” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with DRAFT
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Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The cost of travel time, bonds, insurance, office support, accounting, regulatory compliance, and other business expenses are covered under the allowed percentage of Overhead and Profit entered on Exhibit “B;” and will not be allowed as a direct expense. The total compensation to be provided under this Agreement, in the aggregate, shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***] Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 California Labor Code Requirements

3.3.5.1 Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects DRAFT
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(“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.3.5.3 This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other DRAFT
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information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Petrochem Materials Innovation, LLC
6188 Innovation Way
Carlsbad, California 92009
Attn: [INSERT NAME AND TITLE]
City:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Jeff Kim, Engineering Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, if any, consultants or agents in connection with the performance of the Contractor’s Services, the Project, this Agreement, or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses, except for any claims, demands, causes of action, costs, expenses, liabilities, losses, DRAFT
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damage or injuries arising through the sole negligence or willful misconduct of the City, or its officials, officers, employees, agents or independent contractors.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against the City or its officials, officers, employees, volunteers and agents.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding, except for any judgments, awards or decrees arising through the sole negligence or willful misconduct of City, or its officials, officers, employees, agents or independent contractors. Contractor shall also reimburse City for the cost of any settlement paid by the City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding, except for any costs of settlements arising through the sole negligence or willful misconduct of the City, or its officials, officers, employees, agents or independent contractors. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, except for any legal expenses and costs arising through the sole negligence or willful misconduct of the City, or its officials, officers, employees, agents or independent contractors. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

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3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, subcontractors, if any, and agents of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors, if any, to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties..
[signatures on following page]
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SIGNATURE PAGE FOR ON-CALL MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF FONTANA
AND [***INSERT CONTRACTOR NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

CITY OF FONTANA
[INSERT NAME]
[INSERT TITLE]
Date
[INSERT CONTRACTOR NAME]
Signature
Name
Title
Date
Federal ID No. ______________
Business License Number ___________
(City of _________________)
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EXHIBIT “A”

SCOPE OF SERVICES
[***INSERT SCOPE OF SERVICES***]
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EXHIBIT “B”

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] DRAFT
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EXHIBIT “C”

SAMPLE TASK ORDER FORM

CITY OF FONTANA

TASK ORDER
Task Order No. ______
Agreement: [INSERT NAME OF AGREEMENT]
Contractor: [INSERT NAME OF CONTRACTOR]
The Contractor is hereby authorized to perform the following work subject to the provisions of the Agreement identified above:

List any attachments: [INSERT ATTACHMENTS, IF ANY]
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF FONTANA [INSERT CONTRACTOR NAME]
Dated: Dated:

By: By:

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3204 Agenda Date: 9/10/2024
Agenda #: F. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.

RECOMMENDATION:

1. Approve a contract in the amount of $517,000 with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s five (5) Middle School sites.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

COUNCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.

DISCUSSION:

Background Summary
The City of Fontana is currently in an Agreement with the Fontana Unified School District (FUSD) as the Fontana Expanded Program (FELP) Provider. FELP is an After School Education and Safety (ASES) Grant and Expanded Learning Opportunities Program (ELO-P) funded program.

As part of the grant required curriculum components, FELP provides leadership opportunities and 21 st Century Skill lessons to meet the program requirements as well as align with the district’s efforts to prepare student education and leadership exploration.

To support the operating Agreement between the City and FUSD, FELP is recommending, per FUSD request, to contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program at the Fontana Expanded Learning Program’s five (5) Middle School sites. The program will support student leadership development and expose them to Social Emotional Skills City of Fontana Page 1 of 2 Printed on 9/4/2024
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File #: 21-3204 Agenda Date: 9/10/2024
Agenda #: F. Category: Consent Calendar
needed for successful social and academic achievement.

The Noble Youth Leadership curriculum will focus on teaching participants important life values such as respect, dignity, love, and trust. In addition, participants will train FELP staff on the Noble Youth Leadership curriculum.

This curriculum is unique as it offers a well-rounded approach to children, families, academics, and community education programs. It is a sole-source contract as the curriculum is only available through TA Mentoring Services LLC and meets grant requirements. Purchasing Policy 3.1.5 allows the purchase when no competitive advantage would be gained from unique services that are only available from one source.

FISCAL IMPACT:

The program cost is $517,000.00 and is budgeted in the adopted FY 2024/2025 Community Services Department operating budget in account 38624101.8130. The cost is 100% fully reimbursable.

MOTION:

Approve a contract with TA Mentoring Services LLC for the Fontana Expanded Learning Program at five (5) FELP middle school sites.

City of Fontana Page 2 of 2 Printed on 9/4/2024
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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
CS-25-50-MS
This Agreement is made and entered into as of X day of August 2024 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and TA Mentoring Services LLC, Limited Liability Company with its principal place of business at 50091 Kenmore Street, Coachella, CA 92236 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Consultant - Workshops, Presentations and Staff Development Training Services for the Noble Youth Program (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $517,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
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3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term:

The term of this Agreement shall be from execution of the contract to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced 307
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past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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i. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 309
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b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
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b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Trinidad Arredondo – Noble Youth Facilitator as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given, emailed or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Andrew Solares
[email protected]
CONSULTANT:

T.A. Mentoring Service LLC
50091 Kenmore St.

Coachella, CA, 92236
Attn: Trinidad Arredondo
[email protected]
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to 311
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
T.A. Mentoring Services, LLC
By:

Attest:

By:

Germaine McClellan Key
City Clerk
By:

Ramon Ebert
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
By: _____________________________
Daniel Schneider
Community Services Director

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha L. Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager
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EXHIBIT “A”

SCOPE OF SERVICES
The Contractor T.A. Mentoring Services LLC shall provide the City with Noble Youth Leadership sessions at the twenty-eight (28) elementary school sites and five (5) middle school sites at the Fontana Expanded Learning Program. The Noble Youth Leadership curriculum will focus on teaching students important values in life such as respect, dignity, love, and trust. Professional development will be provided to Fontana Expanded Learning Program staff on the Noble Youth Leadership curriculum. The workshops, presentations, and staff development will be conducted within a nine (9) month timeframe with sessions scheduled to begin on the execution of the contract and conclude by June 30, 2025.
x Schedule:
o Session will begin on the execution of the contract and conclude by June 30, 2025.
x The Contractor sessions will include:
o Three (3) cohorts of 12-week sessions within the year. o Up to 7200 students served (3 groups of 15-20 students at each site) o Staff development on Noble Youth Leadership curriculum. o Parent informational meetings at each site or through in person or on Zoom. o Follow-up calls/meetings with students and parents.
o Develop outreach materials in partnership with Fontana Expanded Learning Program staff.
o Three celebrations for program participants in Noble Youth - Food will be provided. o Sweatshirts, bracelets, and backpacks are provided to student participants. o Program planning and implementation.
o Presentation to Fontana Expanded Learning Program staff on program implementation. o Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.
o Noble Youth staff will attend all meeting requests by the Fontana Expanded Learning Program.
o In-Kind services - City will provide a space for three (3) celebrations. If allowed by Public Health Department.
o The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days prior to the performance to guarantee payment following services. o The Contractor agrees to submit their staff working directly with participants to fingerprinting background checks and completion of Vector Solutions Mandated Reporter training prior to the performance.
o The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days’ notices given in writing. o Contractor will be funded through the Expanded Learning Opportunities Program (ELO-P) Grant
o The Contractor shall be paid within thirty (30) days of services rendered as follows:

June 30, 2025
$517,000 (ELOP Funded Schools)
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$517,000 (Total)
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.

The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.

The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set-up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set-up the Contractor may be offered an alternative performance date at the same pay rate.
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TA Mentoring Services, LLC: 760-771-7701 - [email protected] TA Mentoring Services, LLC
Noble Youth (Restorative Circles and Mentoring)
Scope of work
Expanded Learning Youth Leadership Vision
To enhance the quality of life for youth in San Bernardino County Selection Process - Approximately 750 Expanded Learning Program students from Fontana Unified School District will be selected as Noble Youth participants. Students in grades six, seven, and eight can also request to be part of the program during recruitment period.

Cost to Participants - There is no cost to participants; Fontana Expanded Learning Program (FELP) will cover costs through the after-school program.

Curriculum - The curriculum to be used is called “Joven Noble” (Noble Youth). The curriculum will focus on teaching students about important values in life: respect, dignity, love, and trust. The curriculum is from the National Compadres Network and is evidence based.

Mentoring - TA Mentoring Services will provide 1 on 1 mentoring to students in the FELP Program. Mentors will interact, participate, and follow up with students throughout the After School Program. Mentors will help provide support for selected students. Mentors will be available during FELP programming times.

Staff Follow-Up – TA Mentoring Services, LLC will provide ongoing check-ins with site staff. Mentors will track and record student attendance for each session of the 12 sessions.

FELP Training- TA Mentoring Services staff will attend summer training for FELP staff in preparation for the following school year.

Informational Sessions with Parents - Students will attend an informational session with their parents to outline the objectives of the program and review guidelines and expectations.

Sessions with Students - The participants will go through 12 distinct sessions as part of the curriculum.

Training FELP staff - Fontana Expanded Learning Program (FELP) staff will participate in training to learn how to implement Restorative Practices circles at their sites.

Ceremony- TA Mentoring Services will be responsible for all costs/equipment/materials associated with rites of passage ceremonies.
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TA Mentoring Services, LLC: 760-771-7701 - [email protected] Contract Start/End - August 2024 to June 30, 2025
Services provided to - Fontana Expanded Learning Program (FELP) TA Mentoring Services, LLC fee includes:
x 12 sessions (each cohort)
x Up to 750 students served (3 cohorts at each site)
x FELP staff members will attend Noble Youth sessions
x Train staff in Restorative Practice circles.
x Parent informational meetings at each site or through Zoom x Follow-up calls/meetings with students and parents
x Develop outreach materials in partnership with Fontana Expanded Learning Program staff.
x Three celebrations for program participants in Noble Youth - Food will be provided.
x Sweatshirts, bracelets and backpacks are provided to student participants. x Planning and implementation
x Summary report of program outcomes
x Presentation to Fontana Expanded Learning Program staff on program implementation.
x Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.

In-kind services – Fontana Expanded Learning Program will provide a space for three ceremonies, certificates, and decorations.

This fee includes attending all meeting requests by the Fontana Expanded Learning Program staff.

Program payment: Fontana Expanded Learning Program agrees to pay T.A Mentoring Services LLC. in 3 installments based on the contract budget. (start, middle, end) Total Cost: $517,000
Program Budget
Program Budget (based on up to 750 youth served):

Item Total
Sweatshirts - 250 x 3 Cohorts $20,000
Backpacks 250 x 3 Cohorts $7,500
Bracelets 250 x 3 Cohorts $2,500
Ceremony for 350 Participants X2
Cohorts $20,000
Student Rewards 250 x 3 Cohorts $7,000
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TA Mentoring Services, LLC: 760-771-7701 - [email protected]

Trainings, Special Meetings, Program
Evaluation $50,000
1 - Facilitator Lead (Program
Manager) $110,000
7 Assistant Facilitators $300,000

Total $517,000
Program Materials - Sweatshirts and backpacks are presented to students once they complete the program.

Bracelets - Presented to each participant.

Student Rewards - Students who attend weekly and actively participate are rewarded with snacks and prizes.

Ceremonies - At the end of each cohort, students are invited to attend the ceremony. Food, cake, and drinks are provided for students and their families.

Trainings - We would like to bring in organizations to provide additional training to Fontana Expanded Learning Program (FELP) staff. This would include additional meetings, evaluation and training requested by FELP.

Facilitator - Provide oversight and program implementation.

Assistant Facilitators - Provide program support to school sites and help staff with implementation.
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CITY OF FONTANA

NON-COMPETITIVE SOURCE SELECTION JUSTIFICATION
Contract/Req. No.: Amendment No.: Requestor: Date:

Pre-Tax Amount: $ Tax: $ Freight: $ Total Amount: $
Vendor Name:

FUNDING SOURCE AND AUTHORIZATION (check as applicable)
City Resources Gov’t Grant Other
Certifications: Debarment4 Anti-Lobby5
Certificate(s)
Attached
Not
Applicable
Fund: Object Code:

Equipment Screening6: Yes Not Applicable Title Vests: - Purchase Description:

1. Source Selection - Competition is impracticable (Check appropriate box):

UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. (Explain below. Include all contacts made to verify the sole source or single source situation.) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchased under a cooperative purchasing agreement. (Explain below).

SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. The product or service required was awarded a bid by another public agency that has purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.

EMERGENCY. This product or service required is due to an emergency, determined by the City Manager, which could not have been anticipated and critical need precludes any form of competition. (Purchases more than $100,000 must be presented at the next regular City Council Meeting for ratification by the City Council. Please attach supporting documentation and approval from City Manager).

OTHER REASON(S). (Explain below).

Detail information to support above justification(s):
4 Applies to purchases under a Federal Grant equal to or more than $25,000 5 Applies to purchases under a Federal Grant equal to or more than $100,000 6 Applies to equipment purchases under a Federal Grant equal to or more than $5,000 Sergio Barragan 7/2/24
$ 517,000.00 $ 0.00 $ 0.00 $ 517,000.00
TA Mentoring Services, LLC
✔
✔
386254101 8130
✔
Noble Youth Program
TA Mentoring LLC is the sole publisher and distributor of the Noble Youth curriculum The Noble Youth curriculum will be hosted at five (5) Fontana Expanded Learning Program middle school sites. There are no other providers that provide the Noble Youth curriculum. The Fontana Expanded Learning Program would take a piecemeal approach in gathering items that meet the needs of the program. 320

2. Price/Cost Analysis (ONLY APPLICABLE TO PURCHASES/CONTRACTS THAT EXCEED $100,000):

The action taken in verifying price reasonableness is indicated below. Identify the method(s) listed below used to verify price reasonableness. Check one or more paragraphs below as applicable.

Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
Supplier Contact: Date of Schedule:

Previous purchase.

Supplier: Unit Price:

PO No.: PO Date:

Similar item in related industry.

Price Source: Unit Price:

Supplier: Date:

Any other Reasonable basis:

3. Small Business’ Solicited (Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.

Applicable Businesses’ referenced above were solicited.

No Applicable Businesses referenced above were solicited because Required Signatures:
---------------------Attach additional sheets as needed---------------------- Requestor Name (Print) Requestor Signature Date
Department Director Name (Print) Department Director Signature Date Trinidad Arredondo
Noble Youth
TA Mentoring Services
22400794
TA Mentoring Services
9/2/2024
1/3/2024
Sergio Barragan
Daniel Schneider
321
322
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3205 Agenda Date: 9/10/2024
Agenda #: G. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

Approve a Contract EBK & Company LLC to provide and deliver the US Engineering League for the Fontana Expanded Learning Program
RECOMMENDATION:

1. Approve a contract in the amount of $300,000 with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club for the Fontana Expanded Learning Program at ten (10) Elementary School sites and the five (5) Middle School sites.

2. Approve the Non-Competitive Proposal purchase under the Purchasing Policies 3.1.5 for Single Source/Sole Source method.

3. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

COUNCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.

DISCUSSION:

The City of Fontana is currently in an Agreement with the Fontana Unified School District (FUSD) as the Fontana Expanded Program (FELP) Provider. FELP is an After School Education and Safety (ASES) Grant and Expanded Learning Opportunities Program (ELO-P) funded program.

As part of the grant required curriculum components, FELP provides science, technology, engineering, and mathematics opportunities and 21st Century Skill lessons to meet the program requirements as well as align with the district’s efforts to prepare student education and career exploration.

To support the operating Agreement between the City and FUSD, FELP is recommending, per FUSD request, to contract EBK & Company LLC to provide and deliver the US Engineering League, City of Fontana Page 1 of 2 Printed on 9/3/2024
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File #: 21-3205 Agenda Date: 9/10/2024
Agenda #: G. Category: Consent Calendar
Mechanical Engineering/Robotics Club for FELP at five (5) Middle School sites.

The United States Engineering League curriculum will focus on teaching students important skills in STEM such as coding, mechanical engineering, physics, and art. In addition, they will train FELP staff on the US Engineering League curriculum.

This curriculum is unique due to the Race Engineering sessions, the SumoBots League Program, and the vendor’s City staff professional development training of the USEL curriculum. It is a solesource contract as the curriculum is only available through EBK & Company LLC and meets grant requirements. Purchasing Policy 3.1.5 allows the purchase when no competitive advantage would be gained from unique services that are only available from one source.

FISCAL IMPACT:

The program cost is $300,000 and is budgeted in the adopted FY 2024/2025 Community Services Department operating budget in account 38624101.8130. The cost is 100% fully reimbursable.

MOTION:

Approve a contract with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club for the Fontana Expanded Learning Program at five (5) Middle School FELP sites.

City of Fontana Page 2 of 2 Printed on 9/3/2024
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CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
CS-25-51-MS
This Agreement is made and entered into as of Xth day of September, 2024 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and EBK & Company LLC, Limited Liability Partnership dba US Engineering League with its principal place of business at 2933 South Walker Avenue, Ontario, CA 91761 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Consultant - Workshops, Presentations and Staff Development Training Services for the USEL Engineering Program (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $300,000.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
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3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term:

The term of this Agreement shall be from 6HSWHPEHU x, 2024, to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced 329
6 16498.00150\32126437.1
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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i. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 331
8 16498.00150\32126437.1
b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
332
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b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Derrick Kreimann as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given, emailed or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Andrew Solares
[email protected]
CONSULTANT:

EBK & Company
2933 S. Walker Ave
Ontario, California 91761
Attn: Ericka Kreimann
[email protected]
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
333
10 16498.00150\32126437.1

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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11 16498.00150\32126437.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager

EBK & COMPANY LLC
By:

Attest:

By:

Germaine McClellan Key
City Clerk
By:

Ramon Ebert
Deputy City Manager
Approved as to form:

Best Best & Krieger LLP
City Attorney
By: _____________________________
Daniel Schneider
Community Services Director

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Chief Financial Officer

Purchasing Office

335
A-1 EXHIBIT “A”

SCOPE OF SERVICES
16498.00000\14332960.4
EXHIBIT “A”

SCOPE OF SERVICES
The Contractor EBK & Company LLC shall provide the City with Race Engineering sessions and the SumoBots League Program at five (5) Fontana Expanded Learning Program middle school sites. The USEL curriculum will focus on teaching students coding and fundamental building skills. Professional development will be provided to Fontana Expanded Learning Program staff on the USEL curriculum. The workshops, presentations, and staff development will be conducted within a (9) month timeframe with sessions scheduled to begin on the execution of a contract to June 27, 2025. x Schedule:
o Session will begin on the execution of the contract and conclude by June 27, 2025 x The Contractor sessions will include:
o Full Implementation at five (5) middle school sites.
o 10-week session on Race Engineering sessions (RC Cars) o USEL will provide 2 instructors per site, a USEL Race Engineering Kit, RC replacement parts, Professional Development, and all instruction to implement the program. o RC Tournament (Event supply kits, Tournament Track, Participate Shirts, Trophies) o Full Implementation at five (5) middle school sites
o 10-week session on SumoBots League Program
o USEL will provide 2 instructors per site, computer equipment, SumoBot battle ring, SumoBot Kit Pieces and Kits, and all instruction to implement the program o WRO Tournament (Event supply kits, Participate Shirts, Trophies) o Up to 600 students served.
o Up to 40 staff members training development
o Professional Video / Photography
o Summary report of program outcomes.
o Will support the City of Fontana's efforts to collect data based on evaluation outcomes agreed to collectively.
x The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days prior to the performance to guarantee payment following services. o The Contractor agrees to submit their staff working directly with participants to fingerprinting background checks and completion of Vector Solutions Mandated Reporter training prior to the performance.
x The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days’ notice given in writing. x Contractor will be funded through the Expanded Learning Opportunities Program (ELO-P) Grant x The Contractor shall be paid within thirty (30) days of services rendered as follows:

June 27, 2025
$300,000.00 (ELO-P Funded Schools)
$300,000.00 (Total)
336
A-2 EXHIBIT “A”

SCOPE OF SERVICES
16498.00000\14332960.4
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.

The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.

The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set-up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set- up the Contractor may be offered an alternative performance date at the same pay rate.
337
A-3 EXHIBIT “A”

SCOPE OF SERVICES
16498.00000\14332960.4
338
USEL - FELP Engineering

EXPANDED LEARNING OPPORTUNITY PROGRAM
Prepared by Derrick Kreimann
06/18/2024
USEL Youth Robotics is proposing to offer engineering enrichment via Race Engineering and Robotics after-school for Fontana Expanded Learning Program sites during the 202/2025 school year. USEL Engineering program offers students the opportunity to learn mechanical engineering skills, physics, electrical engineering and coding via engineering competition programs.

EXECUTIVE SUMMARY

EQUIPMENT
USEL will provide 2 instructors, computer equipment, RC Car Kits, Robot Kits, Signup Flyers, school site competitions and all instruction to implement the program. 30 Race Engineering Kits
30 Robot Kits
Robotics and RC Practice Equipment
End Of Program School Showcase Competitions
2024 PROGRAM COST - $300,000
PROGRAM COST: $53,000 per site (30 Students Per 6FKRRO Site Per Semester) 5 MS Sites + $15,000 Video Production + $20,000 End Of Semester Showcases USEL Youth Robotics After-School Programs. Includes instruction, curriculum, equipment, and implementation. Minimum 10 Weeks per semester for 1.5 Hours per week. (USEL Can Provide Services at Additional Sites as needed by FELP) Derrick Kreimann
Chief Executive Officer
US Engineering League
339
Please Make Checks Payable To: US Engineering League
US Engineering League
2933 S Walker ave
Ontario, CA 91761
(909) 545-6711
[email protected]
usengineeringleague.org

BILL TO SHIP TO
City of Fontana Expanded
Learning Program
16860 Valencia Ave
Fontana, CA 92335
City of Fontana Expanded
Learning Program
16860 Valencia Ave
Fontana, CA 92335
INVOICE 1378
DATE 06/18/2024 TERMS Net 30
DUE DATE 12/31/2024

SHIP DATE SHIP VIA
09/16/2024 Site Drop Off

ACTIVITY QTY RATE AMOUNT
Consultant:Professional Video / Photography
Pictures and Video Services Provided For City To Use when Highlighting programs.
1 15,000.00 15,000.00
education:Student Showcase Event
End Of Semester Showcase Event (Includes set-up, breakdown, operations, awards, certificates, and swag bags)
2 10,000.00 20,000.00
After-School Program:USEL Race Engineering - Full Implementation 5 Middle School Sites
Up To 30 Students Per School Site
30 USEL Race Engineering Kits3HU6FKRRO6LWH
Program Implementation
10 Weeks Starting in September 2024 (After School)
86(/ZLOOSURYLGHLQVWUXFWRUV

1.5 Hours X 1 Day Per Week
5 26,500.00 132,500.00
After-School Program:USEL SumoBots League - Full Implementation by USEL
5 Middle School Sites
Up To 30 Students per school site
30 USEL SumoBot Kits3HU6FKRRO6LWH
Program Implementation
10 Weeks Starting in February 2025 (After School)
86(/ZLOOSURYLGHLQVWUXFWRUV

1.5 Hours X 1 Day Per Week
5 26,500.00 132,500.00
City will be invoiced Monthly According to Services rendered and Equipment purchases. Invoice to be sent via email. USEL has Direct Deposit on File with City of Fontana
Any Questions Regarding this Invoice please call Ericka Kreimann (909) 644-7545
SUBTOTAL 300,000.00
TAX 0.00
TOTAL 300,000.00
TOTAL DUE $300,000.00
340

CITY OF FONTANA

NON-COMPETITIVE SOURCE SELECTION JUSTIFICATION
Contract/Req. No.: Amendment No.: Requestor: Date:

Pre-Tax Amount: $ Tax: $ Freight: $ Total Amount: $
Vendor Name:

FUNDING SOURCE AND AUTHORIZATION (check as applicable)
City Resources Gov’t Grant Other
Certifications: Debarment4 Anti-Lobby5
Certificate(s)
Attached
Not
Applicable
Fund: Object Code:

Equipment Screening6: Yes Not Applicable Title Vests: - Purchase Description:

1. Source Selection - Competition is impracticable (Check appropriate box):

UNAVAILABLE FROM ANY OTHER SOURCE. No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. (Explain below. Include all contacts made to verify the sole source or single source situation.) COOPERATIVE PURCHASING AGREEMENT. This product or service required is being purchased under a cooperative purchasing agreement. (Explain below).

SAME PRICE PURCHASED BY ANOTHER PUBLIC AGENCY. The product or service required was awarded a bid by another public agency that has purchasing procedures substantially similar to those that the city would have been required to use, and the vendor offers the same price(s) to the city that it offered to the other agency.

EMERGENCY. This product or service required is due to an emergency, determined by the City Manager, which could not have been anticipated and critical need precludes any form of competition. (Purchases more than $100,000 must be presented at the next regular City Council Meeting for ratification by the City Council. Please attach supporting documentation and approval from City Manager).

OTHER REASON(S). (Explain below).

Detail information to support above justification(s):
4 Applies to purchases under a Federal Grant equal to or more than $25,000 5 Applies to purchases under a Federal Grant equal to or more than $100,000 6 Applies to equipment purchases under a Federal Grant equal to or more than $5,000 Sergio Barragan 6/19/24
$ 300,000.00 $ 0.00 $ 0.00 $ 300,000.00
EBK & Company LLC
✔
✔
386254101 8130
✔
USEL curriculum, SumoBot kits, and Race Engineering kits.

EBK & Company LLC is the sole publisher and distributor of the USEL curriculum for Sumbot and Race Engineering kits. USEL curriculum, SumoBot league, and Race Engineering sessions will be hosted at five (5) Fontana Expanded Learning Program middle school sites. There are no other providers that provide the USEL curriculum. The Fontana Expanded Learning Program would take a piecemeal approach in gathering items that meet the needs of the program. 341

2. Price/Cost Analysis (ONLY APPLICABLE TO PURCHASES/CONTRACTS THAT EXCEED $100,000):

The action taken in verifying price reasonableness is indicated below. Identify the method(s) listed below used to verify price reasonableness. Check one or more paragraphs below as applicable.

Current price schedule (verifiable catalogue, published price list, etc.) Schedule Name/No.: Unit Price: $
Supplier Contact: Date of Schedule:

Previous purchase.

Supplier: Unit Price:

PO No.: PO Date:

Similar item in related industry.

Price Source: Unit Price:

Supplier: Date:

Any other Reasonable basis:

3. Small Business’ Solicited (Federally Funded Procurements Only) Document whether Small Business, HUBZone Small Business, Small Disadvantaged Business, Women Owned Small Business or Service Disabled Veterans Owned Business or Veterans of Vietnam Era Owned Business concerns were solicited and, if not, why not.

Applicable Businesses’ referenced above were solicited.

No Applicable Businesses referenced above were solicited because Required Signatures:
---------------------Attach additional sheets as needed---------------------- Requestor Name (Print) Requestor Signature Date
Department Director Name (Print) Department Director Signature Date Derrick Kreimann
US Engineering League
EBK & Company LLC
22400795
EBK & Company LLC
9/2/2024
1/3/2024
Sergio Barragan
Daniel Schneider
342
USEL SumoBot Kit and Spare Parts
USEL Race Car Engineering Kit and Spare Parts
WRO Table Tops
Official WRO Plaques
WRO Challenge Kits & Mats
This is to confirm that US Engineering League also known as USEL, is the sole source for the following materials:

These engineering kits are not available through any other entities or third party sellers. Additionally, in the State of California there is no other authorized provider for US Engineering League program implementation. 909-644-7545
[email protected]
814 Alpine St., Upland, CA 91786
To Whom it may concern:

Ericka Kreimann
Ericka Kreimann
Chief Branding Officer
Sincerely,
343
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3215 Agenda Date: 9/10/2024
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Authorize the purchase of two (2) 150kVA portable generators RECOMMENDATION:

Authorize the Public Works to use the Sourcewell Contract Agreement (#020923-MTQ) for the purchase of two (2) Multiquip 15kVA portable generators DCA150SSJU4F3 for $110,707.50 each including Taxes and any additional Delivery fees.

COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by committing to purchasing specific products and goods that are climate friendly.
· Enhance the local environment for future generations and create a healthy economic and environmental future by promoting programs that encourage reducing greenhouse gas emissions.

DISCUSSION:

The Public Works Department, Support Services Division is responsible for the maintenance and repair of the emergency generators. The first generator is an emergency generator, powering the Public Works building in the event of power loss during a state of emergency. The second generator is an emergency generator specifically wired to connect to the Barbee lift station, in the event of a power loss at the lift station, there is limited time to connect this generator and make the lift station operational before overfilling.

The two generators recommended for purchase have been selected because they no longer meet the air quality requirements from SCAQMD (South Coast Air Quality Management District) PERP (Portable Equipment Registration Program) and need to be upgraded to meet Tier 4 emission standards.

Fontana City Code Article V- Purchasing Section 10-152(4) authorizes bidding to be exempt since the competitive bidding was already conducted by another agency. Staff is recommending that the City Council authorize this purchase between Multiquip and the City, and to “Piggyback” off the Sourcewell Contract for these two (2) portable generators.

FISCAL IMPACT:

Funding in the amount $221,415.00 for the purchase of two (2) portable generators has been approved in the FY 2024/2025 budget as part of the Fleet Services capital replacement in Account City of Fontana Page 1 of 2 Printed on 8/29/2024
powered by Legistar™344
File #: 21-3215 Agenda Date: 9/10/2024
Agenda #: H. Category: Consent Calendar
No. 75137306-8319.

MOTION:

Approved staff recommendation.

City of Fontana Page 2 of 2 Printed on 8/29/2024
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020923-MTQ
Rev. 3/2022 1
Solicitation Number: 020923

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Multiquip Inc., 6141 Katella Avenue, Cypress, CA 90630-5202 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Portable Construction Equipment with Related Accessories and Attachments from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires April 20, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.











 


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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3217 Agenda Date: 9/10/2024
Agenda #: I. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Acceptance of 2025 ABC Grant
RECOMMENDATION:

1. Approve an ABC Grant in the amount of $23,601.00 to increase the department’s proactive efforts of ABC education and enforcement. The funding will be used for the current employee’s salary, operation, and equipment.

2. Authorize the Chief of Police to sign the agreement between the Department of Alcoholic Beverage Control and the Fontana Police Department for the total amount of $23,601.00.

3. Approve the expenditure plan for the use of the funds to help offset the cost of personnel within the Police Department.

4. Approve an increase to revenues and appropriations in the amount of $23,601.00 to fund #40100004-301-A
COUNCIL GOALS:
· Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.
· Improve public safety by utilizing other city programs to help reduce crime.

DISCUSSION:

The Alcoholic Beverage Control (ABC) has awarded the Fontana Police Department a grant in the amount of $23,601.00. Funds will be used to implement Minor Decoy operations, Shoulder Tap operations, general enforcement operations, IMPACT operations, task force operations, and undercover operations at disorderly on-sale locations. Officers assigned to grant will conduct operations during off-duty hours and to be paid overtime based on policy. The grant operations will be conducted July 1, 2024 through June 30, 2025.

Due to the grant performance period, staff is requesting the necessary budget adjustments with approval of this item and outside of the normal quarterly process to ensure the timely use of all grant funds.

FISCAL IMPACT:

The City of Fontana will increase revenues in the amount of $23,601.00; and increase appropriations City of Fontana Page 1 of 2 Printed on 9/4/2024
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File #: 21-3217 Agenda Date: 9/10/2024
Agenda #: I. Category: Consent Calendar
for expenditures in the amount of $23,601.00 in grant fund #301. Budget change forms will be submitted to the Budget Office upon approval.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 9/4/2024
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Agreement Number: 24-APP13
City of Fontana through the Fontana Police Department